Summary: Constitutional legal proceedings in Russia. The legal proceedings are constitutional. Constitutional principles of Russian legal proceedings Difference of constitutional legal proceedings from other types of legal proceedings

The principle of administering justice only by the court

The principle of independence of judges

The principle of administering justice on the basis of equality of all before the law and court

The principle of ensuring everyone the right to judicial protection

Principle of the presumption of innocence

The principle of ensuring the suspect and the accused the right to defense

The principle of adversariality and equality of the parties

The principle of transparency of legal proceedings

The principle of the national language of legal proceedings

The principle of citizen participation in the administration of justice

The principle of protecting the honor and dignity of the individual

Principle of Immediacy and Oral Proceedings

Topic 2.4. The judicial system and the status of judges in the Russian Federation §2.4.1. General characteristics of the judicial system of the Russian Federation

§2.4.2. Legal status of judges

Topic 2.5. Constitutional Court of the Russian Federation

§2.5.1. Powers of the Constitutional Court of the Russian Federation

§2.5.2. Features of constitutional proceedings in the Russian Federation

Topic 2.6. Activities of courts of general jurisdiction in the Russian Federation

§2.6.1. Legal status and system of courts of general jurisdiction

§2.6.2. Powers and structure of the Supreme Court of the Russian Federation

The structure of the Supreme Court of the Russian Federation

Judicial Collegium for Civil Cases, Judicial Collegium for Criminal Cases, Military Collegium, Cassation Collegium

Judicial Department at the Supreme Court of the Russian Federation

Apparatus of the Supreme Court of the Russian Federation

Supreme Court of the Republic, Regional (Regional) Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court

District Courts

Justices of the peace

Military courts

Topic 2.7. Arbitration courts in the Russian Federation

§2.7.1. Concept, Tasks and Jurisdiction of Arbitration Courts

§2.7.2. Structure and powers of the Supreme Arbitration Court of the Russian Federation

Plenum of the Supreme Arbitration Court of the Russian Federation

Presidium of the Supreme Arbitration Court of the Russian Federation

Judicial boards

§2.7.3. The structure and powers of the Federal Arbitration Courts of the Districts and Arbitration Courts of the Subjects of the Russian Federation

Arbitration courts of the constituent entities of the Russian Federation

Topic 2.8. Organization of the prosecutor's office in the Russian Federation

Justice without strength is weakness alone, strength without justice is a tyrant.

B. Pascal

§2.8.1. Functions and powers of the prosecutor's office in modern conditions

§2.8.2. Organization and main directions of activity of the military prosecutor's office

Topic 2.9. Bodies carrying out preliminary investigation of crimes §2.9.1. The system of bodies of preliminary investigation and inquiry in the Russian Federation

§2.9.2. Functions and competence of the bodies of preliminary investigation

§2.9.3. Tasks and powers of the bodies of inquiry

Topic 2.10. The internal affairs bodies of the Russian Federation §2.10.1. Ministry of Internal Affairs: current state status, structure and functions

§2.10.2. Organizational bases, functions and powers of the police, the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation Police

Investigative Committee under the Ministry of Internal Affairs of the Russian Federation

Topic 2.11. Security bodies of the Russian Federation

§2.11.1. Legal concept of security and the system of security bodies

§2.11.2. Organizational framework, functions and powers of the Security Council of the Russian Federation, the Federal Security Service of the Russian Federation, foreign intelligence bodies of the Russian Federation, Federal State Security Bodies

Security Council of the Russian Federation

Federal Security Service of the Russian Federation

Foreign intelligence agencies of the Russian Federation

Federal bodies of state protection

Topic 2.12. Federal executive authorities in the field of justice

§2.12.1. Ministry of Justice of the Russian Federation - modern structure, functions and powers

§2.12.2. Federal bailiff service

§2.12.3. Penitentiary bodies - Federal Penitentiary Service

Topic 2.13. Providing legal assistance to the population. Organization and activity of the notary and the legal profession in the Russian Federation

§2.13.1. The modern system of notaries in the Russian Federation, the organizational foundations of its activities

§2.13.2. Notarial acts and rules for their performance

§2.13.3. Functions of the Bar and the Legal Basis of its Organization in the Russian Federation

§2.13.4. Legal status of lawyers and their professional associations

Law office

Collegium of Advocates

Law Office

Legal consultation

Topic 2.14. Private detective and security services as non-governmental organizations for ensuring law enforcement

§2.14.1. The concept and legal forms of private detective and security activities

§2.14.2. Legal bases of private detective and security activities in the Russian Federation

§2.5.2. Features of constitutional proceedings in the Russian Federation

Constitutional Court in accordance with the definition given in the law, it is a judicial body of constitutional review. Constitutional control is an activity to identify legal acts and actions of state bodies or officials that contradict constitutional prescriptions, as well as taking measures to eliminate the identified deviations.

The concepts of "constitutional control" and "constitutional supervision" should not be confused, although some lawyers consider these concepts to be identical. The powers to exercise constitutional oversight, as opposed to constitutional review all state bodies or public organizations possess to one degree or another. Only the Constitutional Court is empowered to exercise constitutional control. If the supervisory authority is not entitled to revoke the illegal act, then the supervisory authority in most cases is endowed with an effective means of influence - the right to revoke the illegal acts. This is what distinguishes constitutional review from constitutional review 1.

The Constitutional Court of the Russian Federation consists of judges appointed by the Federation Council on the proposal of the President of the Russian Federation.

The Constitutional Court of the Russian Federation has the right to carry out its activities if it includes at least three quarters of the total number of judges. The powers of the Constitutional Court of the Russian Federation are not limited to a specific period.

The peculiarity of constitutional legal proceedings in the Russian Federation is that the Constitutional Court of the Russian Federation does not administer justice in individual civil or criminal cases, but solves exclusively regulatory issues of law. A citizen can take part in the activities of the Constitutional Court only in the role of a person who supports his complaint that in his specific case (civil, arbitration, administrative or criminal), considered in the appropriate court, a law that is contrary to the Constitution of the Russian Federation has been applied or may be applied. It should also be noted that the principle of collegiality is filled with a different content here. This does not imply the involvement of representatives of the people in the meeting, since the specificity of the issues considered by the Constitutional Court of the Russian Federation presupposes professional knowledge in the field of law. V this case we are talking about court sessions that can only be held in a collegial composition:

in a plenary session;

in a meeting of the chambers.

The plenary session is empowered to make decisions on the cases or issues under consideration if there are at least 2/3 of the total number of appointed judges.

Have the right to participate in court hearings -

President of the Russian Federation;

Chairman of the Government of the Russian Federation;

Chairman of the Federation Council;

Chairman of the State Duma;

Chairman of the Supreme Court of the Russian Federation;

Chairman of the Supreme Arbitration Court of the Russian Federation;

Commissioner for Human Rights in the Russian Federation;

Prosecutor General of the Russian Federation;

Minister of Justice of the Russian Federation.

They are given the right to state their position in the case, regardless of whether they are parties or not.

Legislative novelties on the Constitutional Court of the Russian Federation were the provisions, in accordance with which it:

has the right to initiate legislation only on issues within its jurisdiction (previously, he had the right to initiate legislation in an unlimited amount);

is deprived of the right to consider issues on his own initiative, which should guarantee his objectivity and impartiality;

cannot send messages to parliament on the state of constitutional legality with the ensuing obligations for parliament;

cannot send submissions to the competent authorities and officials who would oblige them to inform the Constitutional Court of the Russian Federation about the measures taken to eliminate violations of the norms of the Constitution of the Russian Federation.

In order to depoliticize the activities of the Constitutional Court of the Russian Federation, consideration of claims on constitutionality has been withdrawn from its jurisdiction political parties and public organizations.

In accordance with the Federal Constitutional Law "On the Constitutional Court" of 1994, he is entitled to:

interpret the Constitution of the Russian Federation;

consider individual and collective complaints citizens or their associations on violation of rights and freedoms;

to consider the requests of the courts on the conformity of the laws to be applied in a particular case to the Constitution.

As for individual complaints to the Constitutional Court of the Russian Federation, the basis for the admissibility of the complaint is the principle of a clear and real threat to a citizen, emanating from the law. When the constitutionality of a law affecting the rights and freedoms of a citizen is challenged, it can only be a matter of the law to be applied in a specific case, the consideration of which has been completed or started in a court or other body applying the law.

Due to the ability of citizens to directly appeal to the Constitutional Court of the Russian Federation, a large number of cases have been considered recently, decisions on which are directly related to the activities of law enforcement agencies. For example, the powers of the courts have been reaffirmed to decide on the choice of a preventive measure in the form of detention not from January 1, 2004, but from the moment the new Criminal Procedure Code of the Russian Federation came into force;

Along with an individual constitutional complaint, the form of specific control widely used in the system of constitutional justice in many countries is of great importance - that is, checking the constitutionality of laws at the request of courts of general jurisdiction, as well as specialized courts.

This form of control was introduced by Part 4 of Article 125 of the Constitution of the Russian Federation. In accordance with it, as well as Article 101 of the Law on the Constitutional Court of the Russian Federation: "... the court, when considering a case in any instance, having concluded that the law does not comply with the Constitution of the Russian Federation ... applies to the Constitutional Court with a request to verify the constitutionality of this law" . The consequence of such a request is that from the moment the court makes a decision to appeal to the Constitutional Court of the Russian Federation and until it makes a decision, the proceedings on the case or the execution of the decision made by the court on the case are suspended. The ability of courts to ask about the constitutionality of laws is their power to assess laws and state power itself from a human rights perspective, which expands the responsibility of judges for strengthening constitutional legality in the state and society.

A new function of the Constitutional Court of the Russian Federation has become the control over the constitutionality of international treaties of Russia. The Constitutional Court considers cases on the constitutionality of treaties subject to ratification (approval by a federal body state power) in accordance with part 1 of Article 89 of the Law "On the Constitutional Court Russian Federation". The Constitution of the Russian Federation also attributed to its competence the resolution of cases on compliance with the Constitution of the Russian Federation "international treaties of the Russian Federation that have not entered into force" (Article 125, Part 2, Clause "d" of the Constitution of the Russian Federation).

There are treaties that come into force from the moment of signing and do not need approval, which, in their content, can hardly affect the Constitution of the Russian Federation. Nevertheless, in connection with such agreements, it is possible that the question of the competence of the state body or the official who signed the agreement may arise. In this case, the Constitutional Court of the Russian Federation has the right to consider the case on disputes over competence.

The competence of the Constitutional Court of the Russian Federation does not include oral agreements. However, it is possible to consider the issue of the competence of the body that concluded such an agreement in order to avoid possible abuse of agreements orally.

Are not within the competence of the Constitutional Court international agreements which are not international legal treaties. International acts that impose legal obligations on Russia, such as binding decisions of the UN Security Council, the International Court of Justice, and arbitration, do not fall within its competence either.

An important function of the Constitutional Court of the Russian Federation is the resolution of disputes on the delimitation of competence between federal authorities state power, as well as between the state power bodies of the Russian Federation and the state power bodies of the constituent entities of the Russian Federation in connection with the conclusion of international treaties of Russia. The Constitution of the Russian Federation contains only general provisions on the competence of state bodies in the area under consideration, and the law on international treaties established a rather complex distribution of powers. Therefore, the possibility of disputes over competence remains.

According to Articles 86 and 90 of the Law on the Constitutional Court, it establishes the compliance of the procedure for signing with the Constitution of the Russian Federation; conclusions; adoption; publications; enactment of contracts.

In resolving such issues, international law allows for the possibility of recognizing unconstitutional and a treaty that has already entered into force. This is indirectly recognized by the law on the Constitutional Court, since the publication and implementation follow the entry into force of the treaty. However, it is possible to refer to a violation of the Constitution of the Russian Federation as a ground for the invalidity of consent to be bound by a treaty only if there has been a clear violation of the norm on competence of particular importance.

The right to appeal to the Constitutional Court of the Russian Federation with a request to check the constitutionality of an international treaty that has not entered into force is possessed by:

The president;

each of the chambers of the Federal Assembly;

1/5 of all members of any of the chambers;

Government;

Supreme Court;

Superior Court of Arbitration;

legislative and executive authorities of the subjects of the federation.

The problem of judicial constitutional review in relation to international treaties is new and has not yet found sufficient settlement and unification either at the national or at the international level 1.

The Constitutional Court of the Russian Federation consists of two chambers, including 9 and 10 judges, respectively. The composition of the chambers must be renewed every 3 years. The President of the Constitutional Court of the Russian Federation and his deputy cannot be members of the same chamber.

The Constitutional Court of the Russian Federation considers and adjudicates cases in plenary sessions and sessions of the chambers 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 sessions of the chambers.

Exclusively in plenary sessions Constitutional Court of the Russian Federation -

resolves cases on the compliance of the Constitution of the Russian Federation with the constitutions of the republics and charters of the constituent entities of the Russian Federation;

gives an interpretation of the Constitution of the Russian Federation;

gives an opinion on the observance of the established procedure for accusing the President of the Russian Federation of high treason or committing another serious crime;

accepts messages from the Constitutional Court of the Russian Federation;

decides the issue of putting forward a legislative initiative on issues of its jurisdiction;

solves organizational issues.

Management of the organization of work in the Constitutional Court of the Russian Federation is carried out by the Chairman of the Constitutional Court.

The Deputy Chairman of the Constitutional Court of the Russian Federation exercises certain of his functions under the authority of the Chairman of the Constitutional Court of the Russian Federation, and in cases where the Chairman is unable to perform his duties, temporarily performs his duties.

The Judge-Secretary of the Constitutional Court of the Russian Federation, as his main function, directly supervises the work of the apparatus of the Constitutional Court of the Russian Federation.

Judges of the Constitutional Court of the Russian Federation are independent and are guided in the exercise of their powers only by the Constitution of the Russian Federation, the Law "On the Constitutional Court of the Russian Federation", the Law "On the Status of Judges in the Russian Federation".

Based on the results of the consideration of cases, the Constitutional Court of the Russian Federation makes a final decision. Decisions of the Constitutional Court of the Russian Federation are made in a closed meeting and are of three types:

regulations;

conclusions;

definitions.

Resolution- this is the decision of the Constitutional Court of the Russian Federation, adopted on the merits of the issues of compliance with the Constitution of the Russian Federation:

federal laws;

normative acts of the President of the Russian Federation; Federation Council; The State Duma; RF government

on complaints of violation of constitutional rights and other freedoms listed in clauses 1, 2, 3 and 4 of part 1 of article 3 of the Law "On the Constitutional Court of the Russian Federation". The decisions are made in the name of the Russian Federation.

Conclusion- this is the final decision of the Constitutional Court of the Russian Federation on the merits of the request for compliance with the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime.

The decisions and conclusions of the Constitutional Court of the Russian Federation must be immediately published in official publications bodies of state power of the Russian Federation, constituent entities of the Russian Federation, which are decision... Decisions of the Constitutional Court of the Russian Federation are also published in the Bulletin of the Constitutional Court of the Russian Federation.

Definitions all other decisions of the Constitutional Court of the Russian Federation made in the course of the implementation of constitutional proceedings are named.

The decision of the Constitutional Court of the Russian Federation is final, not subject to appeal and enters into force immediately after its proclamation. The decision of the Constitutional Court of the Russian Federation acts directly and does not require confirmation by other bodies and officials.

Acts or their separate provisions declared unconstitutional shall cease to be in force.

Recognized as inconsistent with the Constitution of the Russian Federation and have not entered into force international treaties RF are not subject to introduction and application.

Decisions of courts and other bodies based on acts recognized as unconstitutional are not subject to execution and must be revised in cases established by federal law. If the recognition of a normative act as unconstitutional created a gap in legal regulation, the Constitution of the Russian Federation is directly applied.

The decision of the Constitutional Court of the Russian Federation is subject to execution immediately after the publication or delivery of its official text, unless otherwise specified in it.

Control questions

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Asked 2011-05-06 09:09:16 +0400 in the topic "The Bar and the Judiciary" from Moscow

What is the purpose of constitutional proceedings, what is its difference from others judicial systems? Please kind people, could you help)

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Roman Albertovich Lepekhin

Article 125 1. The Constitutional Court of the Russian Federation consists of 19 judges. 2.The Constitutional Court of the Russian Federation at the request of the President of the Russian Federation, the Federation Council, the State Duma, one-fifth of the members of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, legislative and executive power constituent entities of the Russian Federation resolve cases on compliance with the Constitution of the Russian Federation: a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation; b) constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the bodies of state power of the Russian Federation and the joint jurisdiction of the bodies of state power of the Russian Federation and bodies of state power of the constituent entities of the Russian Federation; c) agreements between state authorities of the Russian Federation and state authorities of constituent entities of the Russian Federation, contracts between state authorities of constituent entities of the Russian Federation; d) international treaties of the Russian Federation that have not entered into force. 3. The Constitutional Court of the Russian Federation shall resolve disputes on competence: a) between federal bodies of state power; b) between the bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of the Russian Federation; c) between the highest state bodies of the constituent entities of the Russian Federation. 4.The Constitutional Court of the Russian Federation on Complaints of Violation constitutional rights and freedoms of citizens and, at the request of the courts, verifies the constitutionality of the law applied or to be applied in a particular case, in the manner prescribed federal law... 5.The Constitutional Court of the Russian Federation at the request of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, bodies the legislature subjects of the Russian Federation gives an interpretation of the Constitution of the Russian Federation. 6. Acts or their individual provisions, declared unconstitutional, become invalid; international treaties of the Russian Federation that do not comply with the Constitution of the Russian Federation are not subject to entry into force and application. 7. At the request of the Federation Council, the Constitutional Court of the Russian Federation shall issue an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime.

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Constitutional proceedings- this is the procedure established by the Constitution of the Russian Federation, federal constitutional law for considering and resolving cases and issues belonging to the competence of the Constitutional Court.

Constitutional proceedings are carried out within the framework of plenary sessions and sessions of the chambers of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation exercises its powers within the framework of plenary sessions and sessions of the chambers of the Constitutional Court.

· On plenary sessions Constitutional Court of the Russian Federation:

1) resolve cases on the compliance of the Constitution of the Russian Federation with the basic laws of the constituent entities of the Russian Federation;

2) gives an interpretation of the Constitution of the Russian Federation;

3) decides the issue of putting forward a legislative initiative on issues of its jurisdiction;

· On meetings of the Chambers Constitutional RF Court:

1) resolves cases on 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; etc.

2) resolve disputes about competence: between federal government bodies; between the state authorities of the Russian Federation and the state authorities of its subjects; between the highest state bodies of the constituent entities of the Russian Federation;

3) on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts, verifies the constitutionality of the law applied or to be applied in a specific case.

Tasks:

1. Protects the basics constitutional order, human rights, citizen;

2. Ensures the supremacy and direct action of the Constitution of the Russian Federation throughout the country;

3. Solves exceptional questions of law.

Principles of constitutional justice:

1) Article 29 of the law on the constitutional court of the Russian Federation, independence.

Judges of the Constitutional Court of the Russian Federation are independent and are guided in the exercise of their powers only by the Constitution of the Russian Federation and this Federal Constitutional Law.

In their activities, judges of the Constitutional Court of the Russian Federation act in their personal capacity and do not represent any state or public bodies, political parties and movements, state, public, and other enterprises, institutions and organizations, officials, state and territorial entities, nations. , social groups.

Decisions and other acts of the Constitutional Court of the Russian Federation express the legal position of judges in accordance with the Constitution of the Russian Federation, free from political bias.

The judges of the Constitutional Court of the Russian Federation make decisions under conditions that exclude outside influence on the freedom of expression of their will. They have no right to request or receive instructions from anyone on issues accepted for preliminary study or considered by the Constitutional Court of the Russian Federation.

interference in the activities of the Constitutional Court of the Russian Federation is not allowed and entails liability provided for by law.

2) Article 30 of the Federal Law on const. Court of the Russian Federation

Collegiality

The consideration of cases and issues and the adoption of decisions on them are carried out by the Constitutional Court of the Russian Federation collegially. The decision is made only by those judges who participated in the consideration of the case in the court session.

The Constitutional Court of the Russian Federation is empowered to make decisions in sessions in the presence of at least two-thirds of the total number of judges.

(Part two as amended by the Federal Constitutional Law of 03.11.2010 N 7-FKZ)

(see text in previous edition)

When determining the quorum, judges suspended from participation in the consideration of the case and judges whose powers have been suspended are not taken into account.

3) Art. 31 Federal Law on the Constitutional Court of the Russian Federation, glasnost

Consideration of cases scheduled for hearing at a session of the Constitutional Court of the Russian Federation shall be open. Closed sessions are allowed only in cases provided for by this Federal Constitutional Law. Decisions made both in open and in private meetings, are announced publicly.

4) Art. 32 of the Federal Law on the Constitutional Court of the Russian Federation, oral proceedings

Proceedings on cases scheduled for hearing at a session of the Constitutional Court of the Russian Federation shall take place orally. In the course of oral proceedings, the Constitutional Court of the Russian Federation hears the explanations of the parties, the testimony of experts and witnesses, and announces the available documents.

5) Art. 33 of the Federal Law on the Constitutional Court of the Russian Federation, the language of constitutional proceedings.

Proceedings in the Constitutional Court of the Russian Federation are conducted in Russian.

Participants in the process who do not speak Russian are guaranteed the right to give explanations in another language and use the services of an interpreter.

6) Art. 34 FZ on const. Court of the Russian Federation, continuity of the court session

The session of the Constitutional Court of the Russian Federation on each case takes place continuously, except for the time allotted for rest or necessary to prepare the participants in the process for further proceedings, as well as to eliminate the circumstances that impede the normal course of the session.

7) Art. 35 of the Federal Law on the Constitutional Court of the Russian Federation, adversarial nature of the parties

parties enjoy equal rights and the possibilities to defend one's position on the basis of an adversarial nature in a session of the Constitutional Court of the Russian Federation, as well as in the event that cases are resolved by the Constitutional Court of the Russian Federation in the manner prescribed by Article 47.1 of this Federal Constitutional Law.

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Introduction

In almost all modern states, regardless of form state structure and the dominant political ideology, there are constitutions. But the presence in the state of the constitution still does not allow identifying it with " constitutional state"In the modern sense.

In this regard, it is necessary to emphasize the role of judicial constitutional review. The Constitutional Court of the Russian Federation is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings.

As a judicial body of constitutional review, it has state and power powers. special character that allow making decisions that are generally binding and often have a normative nature. Moreover, it comes not only about the so-called negative law-making, when the Constitutional Court recognizes a certain provision of a normative act as unconstitutional; quite often the Court acts as a "positive legislator", formulating legal positions normative with increased legal force. In both cases, the Constitutional Court ultimately carries out, within the framework of the established constitutional procedures, the function of settling, removing contradictions and conflicts in social and legal reality, this becomes possible, in particular, due to the special nature, increased legal force of decisions of the Constitutional Court and its legal positions.

constitutional legal proceedings Russian

1. Composition, tasks and powers of the Constitutional Court of the Russian Federation

The 1993 Constitution of the Russian Federation declares a course to build the rule of law in Russia, which implies the division of state power into three independent branches of government: legislative, executive and judicial. Parity (equal) coexistence of the listed branches of power is intended to ensure judicial constitutional review. Judicial constitutional review with the greatest efficiency can be provided by a specially designated body of judicial constitutional review - the Constitutional Court.

The Constitutional Court of the Russian Federation, established in 1994, operates in Russia. Its powers, the procedure for its formation and activities are determined by the Constitution of the Russian Federation (Article 125) and the Federal Law Committee of the Russian Federation "On the Constitutional Court of the Russian Federation" dated 12.07.1994 with subsequent amendments and additions.

Constitutional Court of the Russian Federation - Judicial authority constitutional review, independently and independently exercising judicial power through constitutional proceedings.

There are 19 judges in the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation consists of two chambers, which include, respectively, 10 and 9 judges of the Constitutional Court of the Russian Federation. 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. The President and the Vice-President cannot be members of the same chamber. The composition of the chambers should not remain unchanged for more than three years in a row. The order in which the judges who are members of the chamber exercise the powers of the presiding judge in its sessions are determined at the sessions of the chamber. The Constitutional Court of the Russian Federation includes the Chairman, Deputy Chairman, Judge-Secretary of the Constitutional Court of the Russian Federation.

The powers of the Constitutional Court of the Russian Federation include the following:

1) resolution of cases on compliance with the Constitution of the Russian Federation: federal laws of the Russian Federation, regulations of the President of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, the Government of the Russian Federation; constitutions (charters) of republics, territories, regions, other laws of the constituent entities of the Russian Federation; international treaties of Russia that have not entered into force;

2) resolution of disputes about competence between different state bodies in horizontal and vertical relations;

3) verification of the constitutionality of a law applied or subject to application in a specific case, on complaints about violations of constitutional rights and freedoms of citizens and at the request of the courts;

4) interpretation of the Constitution of the Russian Federation;

5) giving an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation of committing high treason or committing another serious crime;

6) legislative initiative.

The Constitutional Court of the Russian Federation also has other powers. The Constitutional Court of the Russian Federation decides exclusively on legal issues. When carrying out constitutional proceedings, he refrains from establishing and examining factual circumstances in all cases when this falls within the competence of other courts or other bodies.

A certain specificity of powers is established for the Chairman of the Constitutional Court of the Russian Federation, his deputy and the judge-secretary. Thus, the President of the Constitutional Court of the Russian Federation is authorized to:

Supervise the preparation of plenary sessions of the Constitutional Court of the Russian Federation, convene them and preside over them;

Submit for discussion by the Constitutional Court of the Russian Federation issues to be considered in plenary sessions and sessions of the chambers;

Exercise representative functions, and general leadership by the apparatus of the Constitutional Court of the Russian Federation.

The list of powers of the Chairman of the Constitutional Court of the Russian Federation is not determined by the law in an exhaustive manner. If it is impossible for the Chairman of the Constitutional Court of the Russian Federation to exercise his powers, their execution shall be assigned to his deputy.

The Judge-Secretary of the Constitutional Court of the Russian Federation directly supervises the work of the apparatus of the Constitutional Court of the Russian Federation, ensures the preparation and holding of sessions of the Constitutional Court of the Russian Federation, and provides information support to judges.

2. The concept and types of constitutional proceedings

In accordance with Part 2 of Art. 118 of the Constitution of the Russian Federation, judicial power is exercised through constitutional proceedings. The judicial body exercising judicial power through constitutional proceedings is the Constitutional Court of the Russian Federation.

The Constitutional Court decides questions of law from the standpoint of the Constitution of the Russian Federation as the fundamental law of the state. In the course of constitutional proceedings, the Constitutional Court of the Russian Federation refrains from establishing the factual circumstances of the case, which is the subject of consideration by courts of general jurisdiction or other competent state bodies.

The concept of "constitutional proceedings" can be defined as follows. Constitutional proceedings are those regulated by law and carried out in special order the activities of the Constitutional Court of the Russian Federation to resolve cases on the compliance of the Constitution of the Russian Federation with other laws and by-laws, to resolve disputes between public authorities, on complaints about violations of constitutional rights and freedoms of citizens and other cases in order to protect the constitutional order, human rights and freedoms, and citizen, ensuring the supremacy and direct action of the Constitution of the Russian Federation on the territory of Russia.

The essential features that made it possible to define the concept of "constitutional legal proceedings" include the procedure for proceedings in cases considered by the Constitutional Court of the Russian Federation. The order of production includes a certain set of actions that have the property of consistency, i.e. combining them into relatively independent and successive stages.

N.V. Vitruk proposes to highlight the following stages of the constitutional process:

1) submission of appeals to the constitutional court;

2) preliminary consideration appeals to the constitutional court;

3) acceptance of the appeal by the constitutional court or its rejection;

4) preparation for the trial;

5) legal proceedings (or proceedings outside this form);

8) execution of decisions of the constitutional court.

In general, the division of all constitutional proceedings into separate stages is a legitimate and logical technique. There can be no specific actions outside the scope of this production. However, in the proposed N.V. Vitruk list allows substitution of stages of constitutional proceedings with reasons for initiating legal proceedings, types of decisions. Any legal proceedings, including constitutional ones, presuppose the existence of a reason and grounds. It is with the presence of a reason (the fact of appeal to the Constitutional Court of the Russian Federation) that the beginning of the first stage of constitutional proceedings, which can be conditionally called the stage of initiation of proceedings, should be linked. The first stage ends with the adoption of one of two decisions: to accept the appeal for production or to refuse to accept the appeal for consideration. If a decision is made, further proceedings are terminated and subsequent stages do not occur. Therefore, we call the stage of initiation of production the first stage in order to emphasize its mandatory nature. This stage is inherent in all types of constitutional proceedings.

The next stage is the stage judicial trial, which begins from the moment the presiding judge opens the session of the Constitutional Court of the Russian Federation. The stage of the trial ends with the announcement of the decision, and, if necessary, with the simultaneous explanation of the decision taken. The above two stages were identified as such and N.V. Vitruk, but he considers the individual stages of the trial stage as independent stages. It seems that it would be more perfect to divide the stages of the trial into several stages.

And, finally, the final stage of constitutional proceedings should be considered the stage of execution of the decision.

In the definition of the concept of "constitutional proceedings", the essential features include the peculiarities of its implementation, which is expressed in the presence certain types constitutional proceedings. The list of types of constitutional proceedings, the procedure for their proceedings are regulated in the Federal Constitutional Law of 21.07.1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation". The Law deals with the following seven types of constitutional proceedings:

1) consideration of cases on the compliance of the Constitution of the Russian Federation with normative legal acts of public authorities and agreements between them (Chapter IX, Articles 84-87);

2) consideration of cases on compliance with the Constitution of the Russian Federation of international treaties of Russia that have not entered into force (Chapter X, Articles 88-91);

3) consideration of cases on disputes on competence (Chapter XI, Art. 92-95);

4) consideration of cases on the constitutionality of laws on complaints of violations of the constitutionality of the rights and freedoms of citizens (Chapter XII, Art. 96-100);

5) consideration of cases on the constitutionality of laws at the request of the courts (Chapter XIII, Art. 101-104);

6) consideration of cases on the interpretation of the Constitution of the Russian Federation (Chapter XIV, Articles 105-106);

7) consideration of a case on giving an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime (Chapter XV, Articles 107-108).

Attention should be paid to only one of the types of constitutional proceedings: consideration of cases on the constitutionality of laws on complaints of violation of the constitutionality of the rights and freedoms of citizens. The formulation of this type of constitutional proceedings is based on the concept of the priority of rights and legitimate interests personality in relation to the rights and interests of society and the state. Authors who share this concept use Article 2 of the Constitution of the Russian Federation of 1993 as a legal justification. However, other articles of the same Constitution of the Russian Federation are overlooked, in particular, part 2 of Art. 8, according to which "all types of forms of ownership (private, state, municipal and others) are recognized and protected in the same way." The idea of the priority of the individual is another extreme, the opposite of the one that existed in socialist society - the idea of the priority of the interests of the state and society over the interests of the individual. The advancement of the interests of the individual can only mean their placement on a par with the equal and equally protected interests of society and the state.

3. The concept and types of decisions of the Constitutional Court of the Russian Federation

The results of the activities of the Constitutional Court of the Russian Federation are fixed in its decisions. In accordance with Art. 71 FKZ "On the Constitutional Court of the Russian Federation" The Constitutional Court of the Russian Federation can make 3 types of decisions: resolution, determination and conclusion.

The resolution is the final decision of the Constitutional Court of the Russian Federation on the following issues: resolution of cases on compliance with the Constitution of the Russian Federation, resolution of disputes about competence, complaints on violations of constitutional rights and freedoms of citizens and at the request of courts and interpretation of the Constitution of the Russian Federation. It is issued in the name of the Russian Federation.

The conclusion is the final decision of the Constitutional Court of the Russian Federation on the merits of the request for compliance with the established procedure for bringing charges against the President of the Russian Federation of committing high treason or other grave crime.

All other decisions of the Constitutional Court of the Russian Federation are referred to as definitions.

Decisions of the Constitutional Court of the Russian Federation should be based on materials studied by the Constitutional Court of the Russian Federation, which makes a decision on the case, assessing both the literal meaning of the regulatory legal act in question, and the meaning given to it by official and other interpretation or the prevailing law enforcement practice, as well as based on its place in the system of regulatory legal acts. The Constitutional Court of the Russian Federation adopts decisions and gives opinions only on the subject indicated in the appeal, and only in relation to that part of the normative legal act or the competence of that body, the constitutionality of which is questioned in the appeal. When making a decision, the Constitutional Court of the Russian Federation is not bound by the grounds and arguments set out in the appeal. The decisions and conclusions of the Constitutional Court of the Russian Federation are set out in the form of separate documents with the obligatory indication of the reasons for their adoption. The rulings of the Constitutional Court of the Russian Federation are announced at the session and entered into the minutes.

In the decision of the Constitutional Court of the Russian Federation, set forth in the form separate document, depending on the nature of the issue under consideration, the following information is contained: name of the decision, date and place of its adoption; the personal composition of the Constitutional Court of the Russian Federation that made the decision; necessary information about the parties; the wording of the issue under consideration, the reasons and grounds for its consideration; norms of the Constitution of the Russian Federation and other law, according to which the Constitutional Court of the Russian Federation has the right to consider this issue; the requirements contained in the appeal; factual and other circumstances established by the Constitutional Court of the Russian Federation; norms of the Constitution of the Russian Federation and FKZ of the Russian Federation "On the Constitutional Court of the Russian Federation", which were guided by the Constitutional Court of the Russian Federation when making a decision; arguments in favor of the decision adopted by the Constitutional Court of the Russian Federation, and, if necessary, also arguments refuting the assertions of the parties; formulation of the decision; an indication of the finality and binding nature of the decision; the procedure for the decision to enter into legal force, as well as the procedure, timing and specifics of its execution and publication.

The final decision of the Constitutional Court of the Russian Federation is signed by all judges who participated in the voting. A judge of the Constitutional Court of the Russian Federation who does not agree with the decision of the Constitutional Court of the Russian Federation has the right to state his dissenting opinion in writing. The dissenting opinion of the judge is attached to the case file and is subject to publication together with the decision of the Constitutional Court of the Russian Federation. A judge of the Constitutional Court of the Russian Federation who voted for the adopted decision or opinion on the merits of the issue considered by the Constitutional Court of the Russian Federation, but remained in the minority when voting on any other issue or on the reasoning of the decision adopted, has the right to state in writing his opinion on disagreement with the majority of judges, which is called as a "dissenting opinion". In this case, the judge's written disagreement is also attached to the case file.

The decision of the Constitutional Court of the Russian Federation is announced in in full in an open session of the Constitutional Court of the Russian Federation immediately after its signing. Decisions and conclusions of the Constitutional Court of the Russian Federation, no later than within two weeks from the date of their signing, are sent to: judges of the Constitutional Court of the Russian Federation; parties; The President of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, The State Duma The Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Commissioner for Human Rights; The Supreme Court RF, Higher To the Arbitration Court RF, Prosecutor General of RF, Minister of Justice of RF. Decisions of the Constitutional Court of the Russian Federation can also be sent to others government bodies and organizations, public associations, officials and citizens.

The decisions and conclusions of the Constitutional Court of the Russian Federation are subject to immediate publication in the official publications of the bodies of state power of Russia, the constituent entities of the Russian Federation, which are affected by the decision. Decisions of the Constitutional Court of the Russian Federation are also published in the journal "Bulletin of the Constitutional Court of the Russian Federation", and, if necessary, in other publications.

The decision of the Constitutional Court of the Russian Federation is final, not subject to appeal and enters into legal force immediately after its proclamation. The decision of the Constitutional Court of the Russian Federation acts directly and does not require confirmation by other bodies and officials. The legal force of the decision of the Constitutional Court of the Russian Federation on the recognition of a normative legal act as unconstitutional cannot be overcome by repeated adoption of the same act. Regulatory legal acts or their individual provisions, recognized as unconstitutional, lose legal force; international treaties of Russia recognized as inconsistent with the Constitution of the Russian Federation, which have not entered into legal force, are not subject to entry into force and application. Decisions of courts and other bodies based on normative legal acts recognized as unconstitutional are not subject to execution and must be revised in cases established by federal law. If the recognition of a normative legal act as unconstitutional has created a gap in legal regulation, the Constitution of the Russian Federation is directly applied. The decision of the Constitutional Court of the Russian Federation is subject to execution immediately after the publication or delivery of its official text, unless other terms are specifically stipulated in it.

More often than others, the Constitutional Court of the Russian Federation makes decisions in the form of a resolution. This is largely due to the process of forming a new, sovereign, legal system in Russia. As you know, 1991 is considered to be the starting point of this process. public relations... Probably, in this connection, the term “ conflict of laws», The meaning of which boils down to resolving contradictions between normative legal acts intended to regulate public relations of the same name.

Conclusion

The exercise of the Constitutional control by special judicial bodies determines the existence of an adequate, independent type of legal proceedings. Conflicts in the process of implementing the norms of constitutional law require specific procedural forms of resolution. Legal proceedings in the Constitutional Court cannot but have a common generic basis with other types of legal proceedings, which does not exclude, but presupposes the existence of a number of features concerning the subject matter of constitutional proceedings, its participants, the nature of the examination in it, and more.

The Constitutional Court of the Russian Federation decides questions of law from the standpoint of the Constitution of the Russian Federation as the fundamental law of the state, the principles and norms contained in it. In the course of constitutional proceedings, the Constitutional Court of the Russian Federation refrains from establishing the factual circumstances of the case, which is the subject of consideration by courts of general jurisdiction or other state bodies.

The constitutional legal proceedings of the Russian Federation consist of stages successively replacing each other. The stage of constitutional proceedings covers a relatively closed complex of actions of the Constitutional Court of the Russian Federation and participants in the judicial constitutional process, taking place in time and aimed at solving a specific legal situation. The sequence of the onset of the stages pursues the ultimate goal - the adoption by the Constitutional Court of the Russian Federation of the final decision on the case and its execution.

It can be stated that the decisions of the Constitutional Court play important role in ensuring the regime of constitutional legality. At the same time, certain problems have emerged related to the execution of the acts of the Constitutional Court.

List of used literature

1.The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (with amendments, introduced by the Laws RF on amendments to the Constitution of the Russian Federation dated 30.12.2008 No. 6-FKZ, dated 30.12.2008 No. 7-FKZ, dated 05.02.2014 No. 2-FKZ, dated 21.07.2014 No. 11-FKZ) // ATP Consultant Plus.

2. Federal constitutional law dated July 21, 1994 No. 1-FKZ (as amended on December 14, 2015) "On the Constitutional Court of the Russian Federation" // SPS "Consultant Plus".

3. Federal Constitutional Law of 05.02.2007 No. 2-FKZ "On Amendments to the Federal Constitutional Law" On the Constitutional Court of the Russian Federation "// SPS" Consultant Plus ".

4. Baglai M.V. Constitutional law of the Russian Federation. - M .: Norma, 2003 .-- 390s.

5. Big legal encyclopedia. M .: Eksmo, 2005 .-- 700s.

6.Vitruk N.V. Constitutional justice. Judicial constitutional law and process: Tutorial for universities. - M .: UNITI, Law and Law, 2008. - 442p.

7. Engibaryan R.V. E. V. Tadevosyan Constitutional law of Russia. M .: Jurist, 2002 .-- 492s.

8. Constitutional Law: Encyclopedic Dictionary / Otv. ed. S.A. Avakyan. - M .: Norma - Infra-M, 2000 .-- 688 p.

9. Lazarev L.V. Institute of Constitutional Justice // Russian Justice, 2001, No. 10. - P. 34.

10. Morshchakova T. Constitutional concept of legal proceedings // Russian justice, 2001, No. 10. - pp. 6-7.

11. Salikov M.S. Constitutional trial in the system of Russian law // Journal Russian law, 2003, No. 11. - P. 125.

12. Yakupov R.Kh. Criminal procedure: Textbook for universities / Nauch. ed. V.N. Galuzo. - M., 2009 .-- 540s.

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Constitutional litigation is an independent type of legal proceedings

Constitutional litigation: concept, content and purpose

The concept of constitutional trial, its features and relationship with related concepts

Constitutional litigation is a kind of legal activity, regulated by the rules constitutional law. The formation and development of the constitutional judicial process is associated with the establishment and functioning of the bodies of constitutional judicial control - the Constitutional Court of the Russian Federation and the constitutional (statutory) courts of the constituent entities of the Russian Federation. Therefore, we can say that constitutional litigation - it is a system of consistently implemented procedural actions committed by the constitutional court and other participants in the constitutional proceedings in connection with the consideration and resolution of a specific case.

From this definition the following signs of a constitutional trial follow:

One of its subjects is necessarily the constitutional

- actions that are committed by the court and the participants in the process - legal, constitutional judicial procedural actions;
- the object of the constitutional litigation is cases under the jurisdiction of the constitutional courts.

The term "constitutional litigation" is often used along with such closely related categories as "constitutional justice", "constitutional judicial review", "constitutional proceedings", "constitutional judicial procedural form».

The Constitutional Court of the Russian Federation, the constitutional (charter) courts of the constituent entities of the Russian Federation administer justice related to the application of the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, laws and the issuance of judicial decisions binding on citizens, authorities, and other subjects of law. The Constitutional Court is the only body exercising judicial power through constitutional proceedings. Thus, the term "Constitutional justice”Covers only the activities of the constitutional court in the administration of justice, and the concept of“ constitutional judicial process ”covers the activities of other participants in this process.

Constitutional control is exercised by the head of state, parliament, courts, and other authorities. A specialized extrajudicial body of constitutional review (constitutional council, constitutional review committee) can be created, the decisions of which are preliminary, consultative in nature and can be overcome by the competent authorities (parliament).

The first specialized body of constitutional supervision was established in the USSR in 1989 - the USSR Constitutional Supervision Committee. He was competent to pass opinions on the unconstitutional acts of the Congress of People's Deputies of the USSR and the constitutions of the union republics. The committee could not cancel the acts supervised by it. To make a final decision, he sent his conclusions to the Congress of People's Deputies of the USSR, which could reject them. The committee was empowered to check the constitutionality of draft laws of the USSR and other acts submitted for consideration by the Congress, as well as the legality of acts of the Cabinet of Ministers of the USSR.

The adoption by the Committee of the conclusion on the inconsistency of the act with the Constitution of the USSR suspended the action of this act. Acts violating the rights and freedoms of citizens lost force from the moment the Committee adopted such a conclusion.

The USSR Constitutional Review Committee existed until December 1991 and considered about 30 cases.

Constitutional judicial review is a kind of constitutional review aimed at ensuring the supremacy of the Constitution of the Russian Federation. This view constitutional review is more effective because it is carried out by a specialized judicial body, whose decisions are final and do not need anyone's approval. This body is independent, it plays the role of an arbiter in the system of state power and a defender of the rights and freedoms of the individual.

Constitutional judicial review is a special kind state activities by bodies judiciary in order to ensure the supremacy of the Constitution of the Russian Federation and maintain the regime of constitutional legality.

The literature provides different definitions of constitutional judicial review. Thus, B.S.Ebzeev under the constitutional judicial control understands the official activities of a body specially authorized by the Constitution and other acts, which is carried out through a special procedure in order to protect the foundations of the constitutional system, fundamental human and civil rights and freedoms, ensure the supremacy and direct action of the Constitution throughout the territory of the Russian Federation, prevent the existence of legal system unconstitutional acts, interpretation of the Constitution, etc. 1

VB Evdokimov actually equates constitutional judicial review and constitutional legal proceedings.

Constitutional proceedings is an independent judicial procedural form along with civil, administrative and criminal proceedings (part 2 of article 118 of the Constitution of the Russian Federation). Legal proceedings means the procedure for considering a certain category of cases in court.

In the legal literature, there are several approaches to the definition of the concept of "legal proceedings". Legal proceedings are defined as: 1) a means, a way of exercising judicial power; 2) the procedure or procedural form for the administration of justice; 3) the activities of the court for the consideration and resolution of legal cases; 4) the system of procedural legal relations; 5) aggregate procedural activities and legal relations; 6) the unity of three components: procedural activity, procedural relations and procedural form.

In the educational and scientific literature, a simplified and detailed definition of constitutional proceedings is given.

Constitutional proceedings are most often understood as legal order consideration of cases referred to the competence of the constitutional court. V.A.Kryazhkov and L.V. Lazarev understand by constitutional proceedings a set of procedural actions and legal relations that develop between the constitutional

Court of the Russian Federation and other subjects when considering and resolving cases related to the protection of the Constitution of the Russian Federation 1.

The term "constitutional legal proceedings" in its essence is the closest to the phrases "constitutional legal process" and "constitutional judicial procedural form". V.V. Maklakov writes that constitutional proceedings consist of general procedure(order of doing business, conducting court hearings and making decisions) and special procedures (providing, in particular, the circle of persons authorized to initiate proceedings in the relevant category of cases in the constitutional court, especially these proceedings, legal implications various possible court decisions, enforcement provisions).

It must be understood that "constitutional litigation" and " constitutional process"- not coinciding concepts, but related as a part and a whole. In constitutional law, there are many procedural rules related to the implementation of the fundamental rights and freedoms of citizens, their duties, powers of authorities, etc. Part of the procedural norms of constitutional law is associated with the activities of the Constitutional Court of the Russian Federation and the constitutional (charter) courts of the constituent entities of the Russian Federation. It is these norms that regulate the constitutional judicial process.

Constitutional proceedings are characterized by signs characteristic of any type of legal proceedings: 1) state-imperious character; 2) formalization; 3) availability procedural stages; 4) purposefulness; 5) the emergence of procedural legal relations in the course of legal proceedings; 6) system availability procedural guarantees.

Unlike other types of legal proceedings, constitutional legal proceedings have a pronounced public legal character, represents highest form judicial protection, since the constitutional court ensures the unity of lawmaking and law enforcement, including judicial, practice. Individual elements constitutional proceedings are enshrined in Art. 125 of the Constitution of the Russian Federation (the circle of applicants entitled to appeal to the Constitutional Court of the Russian Federation, potential defendants, the subject of the proceedings and the legal nature of the decisions made). Thanks to constitutional proceedings, direct action Of the Constitution of the Russian Federation.

The procedural rules of constitutional proceedings are contained not in the code, but in the Law on the Constitutional Court of the Russian Federation, which has a codifying character due to its universality, full coverage of constitutional and judicial relations, and a leading role in consolidating the status of the Constitutional Court of the Russian Federation. The content of the procedural norms of the Law is not as detailed and accurate as in civil and criminal proceedings, where non-compliance with procedural norms entails the cancellation judgment... As the German scientist A. Blankenagel writes, strict procedural rules in constitutional proceedings are inappropriate, since situations inevitably arise that are not provided for by any procedural rules, and in such cases the constitutional court should have the right to act at its discretion 1. The Constitutional Court of the Russian Federation has the right to independently formulate the missing procedural elements, new rules of the process and clarify some of its aspects in its decisions and Rules.

In a number of its decisions, the Constitutional Court of the Russian Federation interpreted the norms of the Constitution of the Russian Federation and the Law on the Constitutional Court of the Russian Federation in relation to the grounds for admissibility of the appeal; the possibility of challenging on complaints from citizens not only laws in the proper sense of the word, but also a number of bylaws; the right to appeal to the Constitutional Court of the Russian Federation not only for citizens, but also for stateless persons, which indicates a high degree of judicial discretion (discretion).

In constitutional proceedings, as a rule, the factual circumstances of the case are not established, but issues of law are resolved, the acts of the authorities are compared with the constitution, its principles. This ensures the supremacy of the Constitution of the Russian Federation and the supremacy of the constitutions (charters) of the constituent entities of the Russian Federation in the system of regional legal acts. Considering such importance of constitutional legal proceedings, NS Bondar calls the Constitutional Court "a trial over the power."

There is no instance in constitutional proceedings. The constitutional (statutory) courts of the constituent entities of the Russian Federation make their decisions independently, the Constitutional Court of the Russian Federation cannot cancel them. However, if they orient the law enforcement officer to legislation that contradicts the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, confirming this by its decision, actually nullifies the decisions of the constitutional (charter) courts of the constituent entities of the Russian Federation.

The result of the constitutional proceedings is the issuance of a decision by the Constitutional Court of the Russian Federation, which is final and not subject to appeal.

As the Constitutional Court of the Russian Federation itself notes, its decisions, in essence, have the same scope of action in time, in space and in a circle of persons, as the decisions of a rule-making body, and, therefore, the same as regulations, general significance, not inherent in the law enforcement acts of other courts by their nature (resolution of the Constitutional Court of the Russian Federation of June 16, 1998, No. 19-P). In fact, they are equated, like regulations, to sources of law.

There are others procedural features constitutional proceedings. In general terms, we can say that constitutional proceedings are not law enforcement activities in the proper sense of the word, but are more related to analysis, creativity in the implementation of constitutional control.

Thus, constitutional trial can be defined as: