Advocacy and notary office. Participation of a lawyer in a meeting of the Constitutional Court of the Russian Federation and in legal proceedings to explain the decision made (the most important)

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Advocacy and notary office. Participation of a lawyer in a meeting of the Constitutional Court of the Russian Federation and in legal proceedings to explain the decision made (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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22. Participation of a lawyer in a meeting of the Constitutional Court of the Russian Federation and in legal proceedings to clarify the decision

constitutional process no less tense and internally filled with conflicts than any other. Therefore, a lawyer must prepare carefully for the process, since the decision will apply not only to his client, but also to a large number of other people.

At the court session it is necessary to strictly observe the Rules of the Constitutional Court.

If there are several representatives in the process, then a more experienced lawyer should take over the coordination functions. The roles of the participants must be defined in advance.

The lawyer must control the completeness of the coverage of the problem. An application for disqualification of a judge, which is possible at any stage, requires special delicacy. This part of the task is best taken on by a lawyer. It must be remembered that in the Constitutional Court of the Russian Federation it is impossible to express no confidence in the entire composition of the court. There is no other Constitutional Court in Russia. You can express no confidence only in some judge on the grounds strictly listed in the law. Unlike other courts, the Constitutional Court may have another reason - the participation of the judge in the adoption of the disputed act.

In the constitutional process, there is a speech by the parties, a statement of petitions, a final speech by a lawyer. The difference is that after the final decision on the case has been made or a decision has been made to refuse to accept the issue for consideration, the lawyer can apply for an official clarification of the court act if its essence as a whole or individual provisions is not clear.

Decisions made by the Constitutional Court of the Russian Federation are referred to as resolution, conclusion, definition.

The decision of the Constitutional Court of the Russian Federation is considered adopted if the majority of the judges participating in the voting voted for it, unless otherwise provided by federal constitutional law. Decisions of the Constitutional Court of the Russian Federation are proclaimed in full immediately after they are signed.

Resolutions and opinions of the Constitutional Court of the Russian Federation not later than within two weeks from the date of their signing are sent: by the judges of the Constitutional Court of the Russian Federation, the parties, the President of the Russian Federation, the State Duma, the Government, the Commissioner for Human Rights, the Supreme Court, the Supreme Arbitration Court, the Prosecutor General, the Minister of Justice.

The decision of the Constitutional Court of the Russian Federation is final, not subject to appeal and enters into force immediately after its announcement. Acts or separate provisions recognized as unconstitutional lose their force; recognized as inconsistent with the Constitution of the Russian Federation, international treaties of the Russian Federation that have not entered into force are not subject to entry into force and application (part 6 of article 125 of the Constitution of the Russian Federation).

Authors: Nevskaya M.A., Shalagina M.A.

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