Brief information about the constitutional court of the Russian Federation. Constitutional Court of the Russian Federation: history, structure, powers. What does the Constitutional Court of the Russian Federation do and how to draw up an application correctly
How did the Constitutional Court of the Russian Federation appear?
The idea of creating a specialized body - the Committee of Constitutional Supervision of the USSR (CCN), which was responsible for compliance with the basic law of the country, belongs to Mikhail Gorbachev. It was implemented on December 1, 1988, when changes and additions were made to Article 125 of the USSR Constitution. So, in particular, they established that:
- The USSR KKN will consist of 23 highly qualified specialists - lawyers and political scientists,
- the USSR KKN will include representatives from each of the 15 union republics,
- The CPC of the USSR will be elected by the Congress of People's Deputies of the USSR.
On December 21-23, 1989, the Second Congress of People's Deputies of the USSR adopted the law “On Constitutional Supervision in the USSR” and elected the chairman of the KKN and his deputy. The document was supposed to check the constitutionality of not only the laws of the USSR, but also the acts of the Prosecutor General of the USSR, the Chief State Arbitrator of the USSR and a number of other normative acts.
In December 1991, the Committee for Constitutional Supervision of the USSR, on its own initiative, ceased to exist due to the collapse of the USSR.
The Law on the Constitutional Court of the Russian Federation was approved by the V Congress of People's Deputies of the RSFSR on July 12, 1991. On October 30 of the same year, the first working meeting of the Constitutional Court of the RSFSR took place, and on January 14, 1992, the first meeting.
September 22, 1993 Constitutional Court made a decision that entailed significant consequences for the country: the Constitutional Court recognized the decree as contrary to the Constitution President Boris Yeltsin on the dissolution of the Congress of People's Deputies.
In essence, this served as the basis for Yeltsin’s removal from office or the activation of other mechanisms to bring him to justice. However, in fact, Yeltsin continued to exercise the powers of the President of Russia. As a result, on October 3-4, 1993, the Congress of People's Deputies and the Supreme Council of the Russian Federation was dispersed (also known as the shooting of the White House). After this, Yeltsin suspended the activities of the Constitutional Court.
On December 12, 1993, a new Constitution of the Russian Federation was adopted at a national referendum. According to Article 125 of the document, the court has lost the right to consider cases on its own initiative, from now on it checks only normative acts and exclusively on requests or complaints. The number of judges has also increased from 15 to 19.
June 24, 1994, based on new article Constitution, the State Duma adopted a new federal constitutional law “On the Constitutional Court of the Russian Federation”.
What does the Constitutional Court of the Russian Federation do?
The functions of the CC include:
- checking the compliance of federal laws, constitutions and charters of federal subjects, agreements between bodies with the Constitution of the Russian Federation state power federation and its subjects, as well as international treaties of the Russian Federation (not yet in force). Thus, if, when considering a case, a court of any instance decides that the law does not comply with the Constitution, it appeals to the Constitutional Court of the Russian Federation;
- resolution of disputes about competence between various organs state authorities and constituent entities of the Russian Federation;
- interpretation of the current Constitution at the request of the President, State Duma, government, Federation Council and legislative bodies of the constituent entities of the Russian Federation;
- participation in the procedure for removing the president from office - impeachment.
Who is on the Constitutional Court of the Russian Federation?
The candidate for the position of chairman of the Constitutional Court and his deputies are appointed for a period of six years. Chairman of the Constitutional Court since March 21, 2003 - Valery Dmitrievich Zorkin. Deputy Chairmen of the Constitutional Court - Khokhryakova Olga Sergeevna And Mavrin Sergey Petrovich.
The judicial body consists of 19 judges appointed by the Federation Council on the proposal of the president. Current lineup:
- Aranovsky Konstantin Viktorovich;
- Gadzhiev Gadis Abdullaevich;
- Zhilin Gennady Alexandrovich;
- Knyazev Sergey Dmitrievich;
- Melnikov Nikolay Vasilievich;
- Yaroslavtsev Vladimir Grigorievich;
- Boytsov Alexander Ilyich;
- Danilov Yuri Mikhailovich;
- Kazantsev Sergey Mikhailovich;
- Kokotov Alexander Nikolaevich;
- Rudkin Yuri Dmitrievich;
- Bondar Nikolay Semenovich;
- Zharkova Lyudmila Mikhailovna;
- Cleandrov Mikhail Ivanovich;
- Krasavchikova Larisa Oktyabrievna;
- Seleznev Nikolai Vasilievich.
The activities of the Constitutional Court of the Russian Federation are determined by the Constitution of the Russian Federation and the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.
Basic principles of the CS activities:
- independence;
- independence;
- collegiality;
- publicity;
- equality of the parties.
We all know that the Constitution is the indisputable basis for the formation of all legislation in our country. It is for this reason that the question arises: What does the Constitutional Court do? What cases does he handle? Let's study this issue in more detail to get the most up-to-date answers that can help us contact this authority if necessary.
Powers of the court
The court considers all cases in which there is a precedent for violation of constitutional law. The court also deals with the interpretation of the Constitution and the interpretation of regulations. It is thanks to this element of the court’s activity that a clear and unambiguous legislative framework is formed, through which further justice is carried out. The Constitutional Court also examines issues of competence and checks all regulatory documents for compliance with constitutional law.What exactly does the KS do?
- Conducts meetings regarding citizens' complaints (lack of compliance with constitutional norms in certain disputes);
- Performs the learning process regulatory documents for compliance with constitutional norms
- Holds meetings (closed) on the interpretation of certain clauses of the Constitution;
- Conducts a meeting on competence issues.
At the same time, practice shows that only a few applications and appeals reach the point of study and trial
On what grounds does the Constitutional Court act?
- Constitution of the Russian Federation;
- Federal Constitutional Law of July 21, 1994 No. 1-FKZ;
- Decree of the President of the Russian Federation of December 23, 2007 No. 1740;
- Decree of the President of the Russian Federation of December 23, 2007 No. 1741;
- Decree of the Government of the Russian Federation of April 27, 2005 No. 257.
How to go to court?
Naturally, you need to correctly draw up a statement, which must certainly contain personal information about the applicant, as well as information on the essence of the issue. At the same time, the legislation indicates that the complaint must include all points of regulatory documents subject to revision, constitutional norms that are not observed, as well as norms that allow a citizen to apply to the Constitutional Court.If the complaint is accepted for consideration, a meeting is held at which the issue of the unconstitutionality of certain laws is decided. Here the judges who prepared all the materials and the judges who have a dissenting opinion will listen. After which, a collegial decision is made.
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Constitutional Court of the Russian Federation(short designation - Constitutional Court of the Russian Federation) is the main judicial body of the Russian Federation, exercising control over compliance with the Constitution of the country. Its peculiarity is independent and independent implementation judiciary through the organization of constitutional proceedings in the judicial sphere.
Constitutional Court of the Russian Federation: Short story appearance
The idea of creating the Constitutional Court of the Russian Federation belongs to Mikhail Gorbachev. He came up with the idea of forming a special government body, whose task would be real control over compliance and implementation of all the laws of the country, as well as their constitutionality. At the same time, Gorbachev insisted on the creation of a special Committee for Constitutional Supervision of the USSR (now the Constitutional Court of the Russian Federation).
The idea was realized only in early December 1988. On the first day of winter in Article 125 of the Constitution Soviet Union The first changes and additions regarding the new regulatory body appeared. The document stated that a whole group of political scientists and lawyers, numbering 23 people, would work in the Constitutional Oversight Committee. In addition, the USSR KKN included representatives of each union republic. All 23 members of the Committee were elected by the Congress of People's Deputies of the Soviet Union.
At the end of 1989 The 2nd Congress of People's Deputies took place. It was there that the corresponding law was adopted, according to which the Constitutional Supervision of the USSR was created. A chairman and his deputy were immediately elected. They were Sergey Alekseev and Boris Lazarev, respectively. The other members of the KKN were to be elected by the Supreme Council.
The tasks of the KKN of the USSR included checking the constitutionality of all acts of the Prosecutor General of the Soviet Union, bills and laws. In addition, the Committee had the opportunity to check the acts of the Chief State Arbitrator and other regulations adopted in the country.
At the end of 1991 KKN USSR ceased to exist as an entity. At the same time, the completion of the activity was formalized on the participants’ own initiative.
During the period of work from the spring of 1990 to the end of 1991 The Constitutional Oversight Committee made more than two dozen decisions, among which the most popular was on the procedure for applying unpublished acts and the registration procedure.
December 15, 1990 the first mentions of a structure with a new name appeared - the Constitutional Court. At the same time, an amendment was introduced on the peculiarities of the formation of the Constitutional Court of the Russian Federation, which was immediately approved at the Second Congress of Deputies of the RSFSR. Actually, from that day on, members of the constitutional court were elected directly by representatives of the Congress of the Russian Federation, and the activities of the structure were prescribed in a separate bill.
July 12, 1991 managed to approve new law about the Constitutional Court of the Russian Federation at the Fifth Congress of People's Deputies, and already at the end of October of the same year the first meeting of members of the newly formed structure was held. And a few months later (January 14) – the first meeting. The Constitutional Court of the Russian Federation immediately considered the constitutionality of the Presidential decree regarding the formation of the Ministries of Internal Affairs and Security. At the same time, it was planned to combine the two bodies into one. In turn, the Constitutional Court of the Russian Federation recognized this decision as one that contradicts the Constitution of the country.
Already at the beginning of 1993 The Constitutional Court of the Russian Federation was dissolved.
Summer 1994 An updated law on the Constitutional Court of the Russian Federation was adopted, and in 1995 the composition of the court was completely completed.
Constitutional Court of the Russian Federation: nuances of structure, decision, powers
During the period of its activities, the Constitutional Court of the Russian Federation is entirely focused on the protection of fundamental freedoms and rights of citizens of the Russian Federation. At the same time, the powers of the body include :
1. Making decisions on issues related to compliance with the Constitution of the country:
The constitutions of each individual republic, regulations, laws, government bodies, and so on;
International treaties of the Russian Federation that have not yet entered into force;
Federal Law and regulations of the President of the country. In addition, acts of the State Duma, the Federation Council of the Russian Federation, and the Government of the country can be verified.
2. Nuances of interpretation of the Constitution of the Russian Federation.
3. Consideration of complaints regarding constitutional freedoms and the rights of each individual citizen or group of persons. In addition, at the request of the court, the compliance with the Constitution of a particular law, which will be referred to by participants in a certain process, can be checked.
4. Transfer of legislative initiatives in the sphere of their powers and jurisdiction.
5. Providing opinions on the implementation of the procedure for bringing charges against the President of the country for treason or committing a serious crime.
6. Carrying out other tasks assigned to him by the Constitution of the Russian Federation.
Features of the structure and work of the Constitutional Court of the Russian Federation are as follows: :
1. The competence of the Constitutional Court includes exclusively issues of legal activity.
2. The Constitutional Court consists of 19 judges. Each of them is appointed to a position by the Federation Council of the Russian Federation. The right to nominate a candidate is in the hands of the President.
3. Like the judges of the Constitutional Court of the Russian Federation, the appointment of the Chairman is carried out by the Federation Council (as in the previous case, upon the proposal of the head of state). Term for which he is elected executive- six years. One of the representatives of the Constitutional Court is selected as a candidate.
4. Resolution of all cases of the Constitutional Court of the Russian Federation is carried out within the framework of plenary sessions or meetings of the chambers of the structure.
5. The Constitutional Court has two chambers, each with ten and nine judges. The formation of each chamber is carried out through the usual drawing of lots. At the same time, the procedure for conducting the latter and the specifics of selecting judges are prescribed in the rules of the Constitutional Court.
6. All members of the Constitutional Court of the Russian Federation must take part in plenary sessions. In the case of a meeting of one chamber, the obligatory participants are the judges who are part of its composition.
7. The Chairman of the Constitutional Court and his “deputy” cannot be in the same chamber at the same time. When distributed, they are by default distributed into various “branches” of the Constitutional Court of the Russian Federation.
8. The powers of chairmanship of meetings of the Constitutional Court of the Russian Federation are transferred in turn between all judges. Moreover, the procedure for such a transition can be determined exclusively at a meeting of the chamber.
Decisions of the Constitutional Court of the Russian Federation:
1. Accepted subject to open voting. During the voting process, each judge of the Constitutional Court is questioned by name. When voting on any matter, the judge who is the chairman always casts his last vote.
2. The decision of the Constitutional Court of the Russian Federation is considered adopted when the majority of judges who took part in the process voted for it. Another procedure is possible if it is prescribed in the Federal Constitutional Law.
3. The decision on the interpretation of the Constitutional Court of the Russian Federation must be made by a larger share of votes. In particular, required condition- at least 2/3 of the votes of the judges when executed at the time of voting.
4. A judge of the Constitutional Court of the Russian Federation does not have the right to evade or abstain from voting in any way. He must always cast his vote "for" or "against".
5. In a situation where the opinions of the judges are equally divided, the decision is made in favor of the Act in question. If we're talking about about competence, then only a majority vote is required to make a decision.
Basic requirements for the decision of the Constitutional Court of the Russian Federation:
1. They must be based on data processed and verified by the Constitutional Court of the Russian Federation.
2. The Constitutional Court may issue a decision on a specific case, based on the literal meaning of the document or taking into account the official interpretation.
3. All conclusions and decisions of the Constitutional Court of the Russian Federation must be presented in the form of special documents that indicate the reasons for the adoption of certain laws.
4. The Constitutional Court of the Russian Federation has the right to issue decisions and conclusions exclusively on the subject mentioned in the appeal. In this case, the decision must be made taking into account the competence of the body, that is, in relation to the act relating to the constitutional part. At the same time, the final result is never associated with the arguments and grounds that were set out in the appeal.
The decision of the Constitutional Court of the Russian Federation contains:
1. Name of the solution. The date and place where it was accepted is indicated.
2. The composition of the Constitutional Court of the Russian Federation, which participated in the decision-making.
3. Information about the parties to the dispute.
4. The issue under consideration, reasons for its study.
5. The norms of the Russian Constitution, according to which the Constitutional Court of the Russian Federation can consider the issue and make a decision on it.
6. The requirement that took place in the appeal.
7. established by the court.
8. The positions of the constitutional law, as well as the Constitution of the Russian Federation, on which the Constitutional Court of the Russian Federation relied.
9. Explanations for the decision made. If necessary, explanations may be given to refute the position of the parties.
10. Solution.
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According to the current version of the federal constitutional law of July 21, 1994 "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation (CC RF) is a judicial body constitutional control, independently and independently exercising judicial power through constitutional proceedings.
The powers, procedure for the formation and activities of the Constitutional Court of the Russian Federation are determined by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Constitutional Court of the Russian Federation".
To protect the foundations constitutional order, fundamental rights and freedoms of man and citizen, ensuring the supremacy and direct effect of the Constitution of the Russian Federation throughout the entire territory of the Russian Federation. The Constitutional Court:
1. Resolves cases of compliance with the Constitution of the Russian Federation:
Federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;
Constitutions of republics, charters, as well as laws and other normative acts of constituent entities of the Russian Federation, issued on issues related to the jurisdiction of public authorities of the Russian Federation and the joint jurisdiction of public authorities of the Russian Federation and public authorities of constituent entities of the Russian Federation;
Agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation, agreements between public authorities of the constituent entities of the Russian Federation;
International treaties of the Russian Federation that have not entered into force.
2. Resolves disputes about competence:
Between federal government bodies;
Between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation;
Between the highest government agencies subjects of the Russian Federation.
3. Upon complaints of violation of the constitutional rights and freedoms of citizens and upon requests from the courts, verifies the constitutionality of the law applied or to be applied in a particular case.
4. Gives an interpretation of the Constitution of the Russian Federation.
5. Gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation high treason or committing another serious crime.
6. Takes legislative initiatives on issues within its jurisdiction.
7. Exercises other powers granted to him by the Constitution of the Russian Federation and legislation.
The Constitutional Court decides exclusively on questions of law.
The Constitutional Court of the Russian Federation consists of 19 judges appointed to the position by the Federation Council on the proposal of the President of the Russian Federation.
The Chairman of the Constitutional Court is appointed to the position by the Federation Council on the proposal of the President of the Russian Federation for a period of six years from among the judges of the Constitutional Court.
The Constitutional Court considers and resolves cases in plenary sessions and chamber sessions.
The Constitutional Court consists of two chambers, which include 10 and nine judges of the Constitutional Court of the Russian Federation, respectively. The composition of the chambers is determined by drawing lots, the procedure for which is established by the Rules of the Constitutional Court of the Russian Federation.
All judges of the Constitutional Court of the Russian Federation participate in plenary sessions, and judges who are members of the corresponding chamber participate in chamber sessions.
The Chairman and Deputy Chairman of the Constitutional Court of the Russian Federation cannot be members of the same chamber.
The order in which judges who are members of the chamber exercise the powers of the presiding officer in its sessions is determined at a meeting of the chamber.
Decisions of the Constitutional Court of the Russian Federation are binding throughout the entire territory of the Russian Federation.
History of the Constitutional Court
The idea of creating a specialized body responsible for compliance with the Basic Law of the country is attributed to Mikhail Gorbachev. It was he who proposed the creation of the USSR Constitutional Supervision Committee.
This idea was legislatively implemented on December 1, 1988, when changes and additions were made to Article 125 of the USSR Constitution. It was established that the Constitutional Supervision Committee (CCS of the USSR) would consist of 23 highly qualified specialists - lawyers and political scientists; that it will include representatives from each of the 15 union republics; and that the CPC of the USSR will be elected by the Congress of People's Deputies of the USSR.
On December 21-23, 1989, the Second Congress of People's Deputies of the USSR adopted the law "On constitutional supervision in the USSR" and elected the chairman of the KKN and his deputy, Sergei Alekseev and Boris Lazarev, respectively.
The remaining 25 members of the committee (compared to the original plans, the number of the Committee was increased) the congress instructed to elect the Supreme Council.
The Committee of the Constitutional Supervision of the USSR was supposed to check the constitutionality of not only the laws of the USSR, but also bills, as well as acts of the Prosecutor General of the USSR, the Chief State Arbitrator of the USSR and a number of other normative acts.
In December 1991, the USSR Constitutional Supervision Committee, on its own initiative, ceased to exist.
During its existence - from May 1990 to December 1991 - the USSR Committee on Control made 23 decisions. Among the most famous decisions are the recognition of the unconstitutionality of the licensing procedure for registration and the procedure for applying unpublished regulations.
On December 15, 1990, mention of the Constitutional Court appeared for the first time in the Constitution of the RSFSR. The amendment, which was approved by the Second Congress of People's Deputies of the RSFSR, stated that the Constitutional Court of the RSFSR should be elected by the Congress of the RSFSR, and that the procedure for its activities should be established by a separate law.
The Law on the Constitutional Court of the Russian Federation was approved by the V Congress of People's Deputies of the RSFSR on July 12, 1991.
On October 30, 1991, the first working meeting of the Constitutional Court of the RSFSR took place, and on January 14, 1992, the first meeting.
At the first meeting, the Constitutional Court considered the case on checking the constitutionality of the Decree of the President of the RSFSR "On the formation of the Ministry of Security and Internal Affairs of the RSFSR", by which it united the ministry into one body state security and internal affairs.
The Constitutional Court recognized this Decree as inconsistent with the Constitution. The court pointed out that the President, by signing this Decree, exceeded his powers. Also, the ruling of the Constitutional Court stated that the activities law enforcement is associated with real restrictions on the rights and freedoms of citizens, including the right to personal integrity, personal life, homes, secrets of correspondence, telephone conversations. The separation and mutual containment of state security and internal affairs services is designed to ensure a democratic system and is one of the guarantees against the usurpation of power.
One of the longest cases in the entire history of the Constitutional Court, the hearings of which lasted almost six months, and the loudest and most widespread was the case of checking the constitutionality of the decrees of the President of the Russian Federation, by which he suspended and then ceased his activities in August 1991 Communist Party and actually outlawed it. In the framework of the same case, the Constitutional Court checked the constitutionality of the parties themselves - the CPSU and the Communist Party of the RSFSR.
The Constitutional Court made a peacemaking decision. He admitted that the merging of party structures with state power was unacceptable, but he removed ordinary party members from the blow. The Constitutional Court pointed out that there cannot be a ban on ideology in a democratic state; therefore, it is impossible to ban people with certain beliefs from joining an organization.
On September 22, 1993, the Constitutional Court made a decision that entailed dramatic consequences: the Court declared President Boris Yeltsin’s Decree No. 1400 on the dissolution of the Congress of People’s Deputies to be contrary to the Constitution.
After the events of October 3-4, 1993, Russian President Boris Yeltsin suspended the activities of the Constitutional Court.
June 24, 1994 The State Duma adopted a new law on the Constitutional Court - the federal constitutional law “On the Constitutional Court of the Russian Federation”. On July 12, the Federation Council voted for the proposed wording. On July 21, the law was signed by the President of the Russian Federation, and on July 23 it was published.
In February 1995, the Court was fully staffed.
The 2000s became a time of continuous improvement legislative basis and practical mechanisms for the work of the Constitutional Court. In January 2001, the term of office of judges appointed by the Federation Council was extended from twelve to fifteen years. In March 2005, the Federal Constitutional law“On the Constitutional Court of the Russian Federation” amendments were made, which established that the powers of a judge of the Constitutional Court were no longer limited to a certain period.
On February 5, 2007, changes came into force according to which St. Petersburg became the permanent seat of the Constitutional Court.
Since May 21, 2008 constitutional proceedings began to be carried out in the complex of historical Senate buildings in the center of St. Petersburg.
In June 2009, the procedure for appointing the Chairman of the Constitutional Court and his deputies to the position was changed. From now on, both the Chairman and his two deputies are appointed to their positions by the Federation Council on the proposal of the President of the Russian Federation. Their term of office is six years, but after this period they can be reappointed to their positions.
The Constitutional Court of the Russian Federation, as many experts believe, is one of the key authorities in terms of state stability and quality political management country. It is interesting to study its structure, competencies, as well as the range of powers. What sources of law govern each of these aspects? What are the features of the work of judges of the Constitutional Court of the Russian Federation?
Definition
What is the definition of the Constitutional Court of the Russian Federation? The correct sources from which we can take the necessary wording can be current legal acts. Many lawyers prefer, for example, to take as a basis the provisions of the corresponding According to the wording, in this source the authority in question is recognized as a body of constitutional control, which is independent and autonomous.
As we can see, the definition sounds quite simple. In some cases, the authority under study is referred to as the federal Constitutional Court of the Russian Federation, but this, strictly speaking, is not entirely true. There is no such definition of the authority under study in the relevant sources of law.
The main source of law, in accordance with which the Constitutional Court operates, is the Constitution of the Russian Federation, the fundamental law of the state. According to it, the authority in question belongs to the highest federal authorities authorities. The key competencies of the Constitutional Court of the Russian Federation include the consideration of court cases related to the analysis of laws and other types of legal acts for compliance with the basic law of the country, its interpretation and resolution of relevant disputes. The definition of the Constitutional Court of the Russian Federation is also given in the relevant federal law.
terms of office
The authority in question operates within two chambers. The first employs 10 judges, the second - 9. Each is staffed according to lottery and regulations. There is an opinion among lawyers: the term of office of the Constitutional Court of the Russian Federation in terms of the functioning of the chambers in an unchanged composition is three years. This point of view correlates with the provisions of Article 20 of the Federal Law, which regulates the activities of this government body. However, there is no requirement that judges must change at the same time. Moreover, none of the laws reflects the conditions under which this body authorities may cease operations. Therefore, we can say that the term of office of the Constitutional Court of the Russian Federation is not limited by law.
Judges of the Constitutional Court of the Russian Federation are appointed by the Upper Chamber Federal Assembly on the proposal of the head of state. They can carry out activities until they reach the age of 70 years. True, this rule does not apply to the Chairman of the Constitutional Court. This official is also approved upon the recommendation of the President of the Russian Federation by the Federation Council and is selected from among the existing judges. The term of office in this position is 6 years. Under similar conditions, Deputy Chairmen of the Constitutional Court of the Russian Federation are appointed.
The Constitutional Court of the Russian Federation also employs ordinary employees. They form the apparatus of the Constitutional Court of the Russian Federation, main structure of which the Secretariat is. Employees of the Constitutional Court of the Russian Federation provide support for the work of the Court in terms of organizational nuances, scientific and analytical areas, information and reference support, and also assist judges in their work.
The Constitutional Court performs its functions in St. Petersburg. In this case, meetings can be held, if this authority deems it necessary, in any other city. A representative office of the Constitutional Court of the Russian Federation is also open in Moscow. It is responsible, in particular, for the interaction of the Constitutional Court with other authorities in the capital.
Appointment and work of judges
Let us consider the aspect related to the appointment, as well as the work of judges in the Constitutional Court of the Russian Federation, in more detail. The corresponding position in the government body under study can be occupied by a Russian citizen who is over 40 years old and has a university diploma in law. The minimum professional experience is 15 years. Judges of the Constitutional Court of the Russian Federation are appointed, as we noted above, through secret ballot senators. In order for a person to be appointed as a judge of the Constitutional Court of the Russian Federation, he only needs to obtain a simple majority of votes. Upon election, the Chairman of the Federation Council swears in the elected judge.
The activities of citizens of the Russian Federation in the corresponding position in the Constitutional Court of the Russian Federation are incompatible with a number of other activities - such as, for example, work as a deputy of the Federal Assembly and other legislative bodies. You cannot hold government or related positions. social activities positions, engage in business and other work that may somehow interfere with the performance of basic job functions. At the same time, judges of the Constitutional Court of the Russian Federation can teach, engage in science or creativity.
Who can apply to the Constitutional Court of the Russian Federation?
Citizens, authorities or organizations can interact with the Constitutional Court of the Russian Federation through a request, complaint or petition. IN general case, the basis for the Constitutional Court of Russia to decide to begin consideration of the case may be uncertainty as to whether a certain normative act basic law of Russia. The complaint, petition or request to the Constitutional Court of the Russian Federation must be accompanied by the text of a legal act, which must be checked for constitutionality. Witnesses and experts may be called to participate in the court hearing.
Legal force of decisions of the Constitutional Court
The decisions of this authority are binding on federal and regional authorities legislative, executive and judicial authorities, citizens, organizations and public associations, including the head of state. Thus, none of the subjects of socio-political processes has the right to issue instructions regarding the Constitutional Court. Since the powers of the Constitutional Court of the Russian Federation imply affecting the direct interests of the state, there are certain guarantees of independence in relation to this authority. The authority in question can carry out its activities with financial, organizational, and also material autonomy from other government institutions, adjusted for the fact that financial support for the work of judges is provided from the budget.
Constitutional Court and other authorities
Others also interact with the Constitutional Court of the Russian Federation higher authorities authorities: the President, the State Duma, the Federation Council, and the Government. They appoint permanent representatives in this instance who are directly involved in court hearings and may take a position on pending cases.
Thus, according to experts, the institutions of constitutional law in the Russian Federation are represented not only by the Court of relevant competence, but also by all basic structures political power. However, when participating in meetings, these authorities do not have the right to exert any pressure on the judges considering cases.
Specifics of competencies
According to the model that shapes Russian constitutional law, the Constitutional Court of the Russian Federation has competence called “related”. What does it mean? Literally the following: the powers of the Constitutional Court of the Russian Federation can be exercised only if there are requests from subjects of socio-political processes provided for by the fundamental law of the state. Thus, this authority is not vested with the right to consider cases based on the initiative of its judges. At the same time, this type of power of the Constitutional Court of the Russian Federation can be exercised within the framework of using the right of legislative initiative. This is stated in the basic law of the country, in its 104th article.
Specifics of decisions made by the Constitutional Court
What features characterize the decisions of the Constitutional Court of the Russian Federation? First of all, we note that decisions, as well as conclusions of this authority, are published immediately after their adoption by the Constitutional Court of the Russian Federation in official publications. Regarding the legal force that any decisions of the Constitutional Court of the Russian Federation have, it is worth noting that they are not subject to any appeal. The actions of the Constitutional Court of the Russian Federation should not receive any confirmation from other authorities. If, for example, the Constitutional Court adopted a decision to recognize a certain legal act contradicts the fundamental law of the state, then its repeated adoption cannot be a tool to circumvent the decision made. The corresponding sources of law lose their legal force.
So we have studied important aspects: the specifics of the activities of such a government body as the Constitutional Court of the Russian Federation, composition. The powers of this authority, as well as the features of their implementation, are the next object of consideration.
Powers of the Constitutional Court of the Russian Federation: interpretation of the Constitution
What are the key powers of the Constitutional Court of the Russian Federation? These, in particular, include the interpretation of the basic law of the country, that is, an explanation of the meaning of the wording contained in it, in order to clearly understand the relevant provisions for all participants in the socio-political process. Also, the interpretation of the Constitution of the Russian Federation is carried out by the court in order to correctly adapt legal norms basic law to reality, eliminating ambiguity in formulations.
This kind of authority of the Constitutional Court of the Russian Federation is exercised in accordance with the request of other higher federal structures authorities, as well as political institutions of the constituent entities of the Russian Federation. The interpretation of the fundamental law of the country has the highest legal force regarding any acts related to law enforcement practice.
Checking legal acts for compliance with the Constitution
What are the other key powers of judges of the Constitutional Court of the Russian Federation? These include checking legal acts for compliance with the main law of the state. The corresponding formulations giving this authority such authority are contained, in particular, in the Law on the Constitutional Court of the Russian Federation. A possible reason for studying certain norms and legal acts for compliance with the key source of law for the state may be requests or complaints from authorities, other courts, as well as citizens of Russia.
Subjects that can form and subsequently consider a case in the Constitutional Court, if we are talking about government agencies, can be the President of Russia, the Federation Council, the State Duma, the Government, the Supreme, as well as the Supreme Arbitration Courts and political institutions in the constituent entities of the Russian Federation.
Correlation of laws with the rights and freedoms of citizens of the Russian Federation
As part of the process of considering requests and complaints related to the Court's determination of the constitutionality of legal acts, precedents related to possible violation rights and freedoms guaranteed by the laws of the Russian Federation. Citizens who believe that their interests have been violated due to certain wording in the laws can contact the authority in question. At the same time, the Constitutional Court should not study the circumstances that confirm the fact of violation of human rights and freedoms. His authority can only be related to examining a normative act for compliance with the basic law of the state.
Constitutional Court and impeachment of the President
We noted above that the institutions of constitutional law in Russia are represented along with the structures of higher judiciary, but, as some experts believe, also by all other government bodies of the Russian Federation. At the same time, the relevant political institutions may have not only rights in terms of participation in constitutional process, but also duties and responsibilities. Responding to relevant violations is also among the powers of the authority we are considering.
The Constitutional Court of the Russian Federation may participate in the process of impeachment of the President - a procedure related to the identification of a fact or other offense committed by the head of state. This kind of authority implies that the authority we are considering gives an opinion regarding the correctness of the mechanism by which the President of the Russian Federation is accused of something. The Constitutional Court does not determine how serious the violation committed by the President is, considering, rather, procedural aspect. We are studying how correct the State Duma and Supreme Court The Russian Federation is accused of the head of state. The Federation Council can formulate a corresponding request to the Constitutional Court of the Russian Federation.
Disputes regarding power competencies
Studying the powers of the Constitutional Court of the Russian Federation, briefly considering them, you can also pay attention to the next aspect of the activities of this government body - resolving disputes related to determining the competence of certain political institutions. The fact is that in a number of cases between authorities at the federal or regional level disagreements may arise. The Law on the Constitutional Court of the Russian Federation allows the relevant authority to assist in resolving this kind of disputes. Any government body has the right to petition the Constitutional Court of the Russian Federation. Full list political institutions is specified in Article 125 of the Constitution of the Russian Federation.
Other powers
The listed main powers of the Constitutional Court of the Russian Federation are, of course, supplemented by many others. For example, the reason for a possible appeal to the Constitutional Court of the Russian Federation may be a question related to compliance with the basic law of the state of some international treaty that has not entered into legal force. The President, the Government of Russia, the Supreme Court or the political structures of the constituent entities of the Russian Federation can submit a corresponding request to the Constitutional Court of the Russian Federation. Consideration of a case of this type is possible if international treaty must be ratified by the State Duma, or the applicant has a suspicion that the provisions in the document cannot be implemented in the Russian Federation due to inconsistency with the provisions of the Russian Constitution.
The Constitutional Court of the Russian Federation is also authorized to consider requests from courts of any instance related to the alleged inconsistency of legal acts applied in certain cases with the fundamental law of the Russian Federation. The powers of the Constitutional Court of the Russian Federation also include consideration of cases related to the study of the constitutionality of sources of law adopted by public authorities, as well as agreements concluded between various political structures.
Organization of the trial
Meetings of the Constitutional Court of the Russian Federation are held under the leadership of the Chairman of this government body. This official introduces relevant issues for discussion by the judges. The powers of the Chairman of the Constitutional Court of the Russian Federation also include the interaction of the authority in question with other political structures and public organizations. This official carries out activities by issuing orders and instructions.
Affairs and controversial issues are considered by the Constitutional Court of the Russian Federation in a collegial manner. In this case, decisions are made only by those judges who directly participated in the hearings. This authority can make decisions only if at least two thirds of the total number of participants have attended the meetings. total number judges.
Cases are considered by the Constitutional Court of the Russian Federation, as a rule, in an open format. But even if a particular meeting, due to the requirements of the law, was held behind closed doors, all decisions made are published. Discussion of issues related to court cases is carried out orally. The Constitutional Court of the Russian Federation studies the explanations of all parties, the opinions of experts, witnesses, and examines documents. Cases are being reviewed continuously. Pauses are taken for the judges to rest and to carry out the procedures necessary for the further continuation of the meetings.