Cases on compliance with the constitution of the Russian Federation. Constitutional Court of the Russian Federation: formation procedure, composition, structure and status of judges
Keywords: composition, structure, powers, constitutional, court, Russian Federation
Constitutional Court of the Russian Federation- a judicial body of 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 ( Art. 125) And FKZ "On the Constitutional Court of the Russian Federation" dated July 21, 1994 (as amended on February 5, 2007).
The Constitutional Court of the Russian Federation consists of 19 judges , appointed to a position by the Federation Council on the recommendation of the President of the Russian Federation . The Constitutional Court has the right to carry out its activities if it contains at least three quarters of the total number of judges. The powers of the Constitutional Court and judges of the Constitutional Court of the Russian Federation are not limited by term. Age limit tenure as a judge of the Constitutional Court of the Russian Federation - seventy years .
A judge of the Constitutional Court of the Russian Federation is considered to have taken office from the moment he takes the oath. His powers terminate on the last day of the month in which he reaches seventy years of age. A judge of the Constitutional Court of the Russian Federation who has reached the age limit for holding the position of a judge continues to act as a judge until a final decision is made on the case initiated with his participation, or until a new judge is appointed to the position.
The Constitutional Court has broad powers. In order to protection of the foundations of the constitutional system, fundamental rights and freedoms of man and citizen, ensuring the supremacy and direct action Constitution of the Russian Federation throughout its territory Constitutional Court of the Russian Federation:
1) resolves cases on compliance with the Constitution of the Russian Federation :
a) Federal Law, regulations of the President of the Russian Federation, the Federation Council, State. Duma, Government of the Russian Federation;
b) constitutions of republics, charters, as well as laws and other normative acts of constituent entities of the Russian Federation, issued on issues within the jurisdiction of state bodies. authorities of the Russian Federation and joint jurisdiction of state bodies. authorities of the Russian Federation and state bodies. the power of its subjects;
c) agreements between government bodies. authorities of the Russian Federation and state bodies. the authorities of its subjects, agreements between state bodies. authorities of the constituent entities of the Russian Federation;
d) international treaties of the Russian Federation that have not entered into force;
2) resolves disputes about competence :
a) between federal authorities state authorities;
b) between state bodies. authorities of the Russian Federation and state bodies. the power of its subjects;
c) between the highest government officials. bodies of the constituent entities of the Russian Federation;
3) on 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 in the state treason or committing another serious crime;
6) speaks with legislative initiative on issues within its jurisdiction ;
7) carries out other powers provided to him by the Constitution of the Russian Federation, the Federal Treaty and the Federal Law; may also enjoy the rights granted to him by prisoners in accordance with Art. 11 of the Constitution with agreements on the delimitation of jurisdiction and powers between state bodies. authorities of the Russian Federation and state bodies. the power of its subjects, if these rights do not contradict its legal. nature and purpose as a judicial body of constitutional control.
It should be emphasized that The Constitutional Court of the Russian Federation resolves exclusively questions of law. 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 . Regarding your questions internal activities The Constitutional Court of the Russian Federation adopts the Rules of the Constitutional Court of the Russian Federation .
The Constitutional Court of the Russian Federation considers and resolves cases in plenary sessions and chamber meetings .
The Constitutional Court consists of two chambers, comprising 10 and 9 judges respectively. The composition of the chambers is determined by drawing lots, the procedure for which is established by the Rules of the Constitutional Court.
In plenary sessions all judges of the Constitutional Court participate, in chamber meetings - judges who are members of the relevant chamber.
The composition of the chambers should not remain unchanged for more than three years in a row. The Chairman and Deputy Chairman of the Constitutional Court 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.
The Constitutional Court has the right to consider in plenary session any issue within its competence. Exclusively in plenary sessions the Constitutional Court : 1) resolves cases regarding the relationship between the Constitution of the Russian Federation, the constitutions of republics and the charters of constituent entities of the Russian Federation ; 2) gives an interpretation of the Constitution of the Russian Federation ; 3) gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation in the state treason or committing another serious crime; 4) receives messages from the Constitutional Court ; 5) decides on the issue of speaking with legislative initiative on matters of its jurisdiction.
Constitutional Court in plenary sessions Also: 1) elects Chairman, Deputy Chairman, Secretary Judge Constitutional Court; 2) forms personal compositions of the chambers Constitutional Court; 3) adopts the Regulations the Constitutional Court and makes changes and additions to it; 4) establishes the order of consideration of cases in plenary sessions , and also distributes cases between chambers; 5) makes decisions on suspension or termination of powers of a judge of the Constitutional Court , and on early dismissal of the Chairman, Deputy Chairman and secretary judge Constitutional Court.
In the sessions of the chambers, the Constitutional Court resolves cases within its jurisdiction and which are not subject to consideration exclusively in plenary sessions. These cases include: 1. Cases on compliance with the Constitution of the Russian Federation: A) Federal Law, regulations of the President of the Russian Federation, the Federation Council, State. Duma, Government of the Russian Federation ; b) laws and other regulations of constituent entities of the Russian Federation , published on issues within the jurisdiction of state bodies. authorities of the Russian Federation and joint jurisdiction of state bodies. authorities of the Russian Federation and state bodies. the power of its subjects; V) agreements between government agencies authorities of the Russian Federation and state bodies. the authorities of its subjects, agreements between state bodies. authorities of the constituent entities of the Russian Federation ; G) international treaties of the Russian Federation that have not entered into force .
2. The Constitutional Court, in sessions of the chambers, also resolves disputes about the competence of: A) between fed. state bodies authorities ; b) between government bodies authorities of the Russian Federation and state bodies. the power of its subjects ; V) m/y higher state bodies of the constituent entities of the Russian Federation .
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, Supreme Court The Russian Federation, legislative and executive authorities of the constituent entities of the Russian Federation resolve cases of 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 public authorities of the Russian Federation and the joint jurisdiction of public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation;
c) agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities of the constituent entities of the Russian Federation;
d) international treaties of the Russian Federation that have not entered into force * (26).
3. The Constitutional Court of the Russian Federation resolves disputes about the competence of:
a) between federal government bodies;
b) between state authorities of the Russian Federation and state authorities 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, upon 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, in the manner established by 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, and legislative bodies of the constituent entities of the Russian Federation, interprets the Constitution of the Russian Federation.
6. Acts or their individual provisions recognized as unconstitutional shall lose force; 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. The Constitutional Court of the Russian Federation, at the request of the Federation Council, gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime.
Commentary on Article 125 of the Constitution of the Russian Federation
1. Judicial constitutional control, carried out in Russia by the Constitutional Court of the Russian Federation, constitutional, statutory courts of the constituent entities of the Russian Federation, has a relatively short, 17-year history. Other states of the world (and bodies of constitutional jurisdiction have been established in most of them) have more significant experience in such control: for example, over 200 years in the USA, about 90 years in Austria, almost 60 years in Germany, 50 years in France.
Modern Russia could not help but be influenced by world experience and the doctrine of constitutional justice. In principle, Russia adopted the European model, characterized by the creation of a special body of constitutional control (constitutional court, council) to resolve constitutional and legal issues and disputes in a special procedure, although there were still supporters of the American model, characterized by the fact that constitutional control is a function of the courts of general jurisdiction (all in the country or only the Supreme Court), exercised when they carry out ordinary legal proceedings in specific criminal, civil and other cases. The European model of judicial constitutional control was also chosen by the majority of post-socialist states.
By the time the Constitutional Court was established in Russia in 1991, there was no developed conceptual model of constitutional justice. The main scientific baggage in this area consisted of critical studies of foreign models of constitutional control, supervision, and justice. Only in the 70-80s of the last century did a more balanced, positive approach to these problems emerge. In the previous historical period, the ideas of constitutional justice had no chance not only for recognition, but even for public dissemination under the dominance of the official doctrine of the sovereignty of the Soviets, the real monopoly on the power of the party-state elite, and the denial of the principle of separation of powers in ideology.
True, certain constitutional control functions were assigned by Soviet constitutions to the highest authorities, but they did not and could not receive in practice due to the reasons stated above necessary development. There was also no judicial constitutional control, not counting the unique judicial advisory function in this area carried out by the Supreme Court of the USSR in the 20-30s of the twentieth century.
The creation during the perestroika period of the Committee for Constitutional Supervision of the USSR on the basis of the USSR Law of December 23, 1989 “On Constitutional Supervision in the USSR” had a positive significance, but did not lead to a fundamental change in the field of constitutional control in the country. In addition, the Committee did not exist for long - from April 1990 to December 1991. In reality and by the nature of most of the powers granted to it, the Committee was an auxiliary instrument of the highest legislative body, mainly with advisory functions * (1164).
Even during the period of the existence of the USSR, Russia, carrying out democratic transformations, became the first to adopt a fundamentally new, compared to the Union, decision - on the establishment of a special institution of judicial constitutional control - the Constitutional Court, a body previously unknown to our political and legal system. This was provided for by the Law of the RSFSR of December 15, 1990, which replaced the provision of Art. 119 of the Constitution of the RSFSR on the Committee of Constitutional Supervision of the RSFSR, copied from the Union Constitution, but never implemented. On July 12, 1991, the Law “On the Constitutional Court of the RSFSR” was adopted. On October 29-30, 1991, constitutional judges were elected. On January 14, 1992, the first meeting of the Constitutional Court took place. In October 1993, in the context of intensified political struggle, acute confrontation between the legislative and executive powers, during which the Constitutional Court unsuccessfully tried to become a constitutional arbiter, its activities were suspended until the adoption of the new Constitution * (1165).
The Constitution of 1993, despite the other organizational and legal forms of implementation of constitutional justice proposed during the preparation of its draft, retained the Court as an independent institution of power. True, its competence, numerical composition, formation procedure, and organizational structure have changed.
The former Constitution defined the purpose of the Constitutional Court unusually broadly - “the highest body judiciary for the protection of the constitutional order" (Article 165). The 1993 Constitution does not contain characteristics of the status of the Court. It is given in the Law on the Constitutional Court of the Russian Federation adopted on the basis of the Constitution: The Constitutional Court of the Russian Federation is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings (Article 1).
In the Constitution, the rules on the Court are included in Chapter. 7 “Judicial power” (Article 125, Part 2 of Article 118, Parts 1 and 3 of Article 128), which emphasizes its belonging to the judicial branch of government. At the same time, the Constitutional Court of the Russian Federation in its competence, organization, operating procedures, the nature of the cases considered and decisions made, their legal force and execution mechanism differs significantly from other judicial bodies. He carries out a special type of justice - constitutional, while applying a special procedure - constitutional proceedings. The Constitutional Court does not consider specific criminal, civil, arbitration, or administrative cases. It is endowed with the function of constitutional control in order to protect the foundations of the constitutional system, fundamental rights and freedoms of man and citizen, ensuring the supremacy and direct effect of the Constitution throughout the country (Article 3 of the Law on the Constitutional Court of the Russian Federation). Constitutional control is expressed in checking and assessing the constitutionality of laws, other normative acts, treaties that lose force if they are declared unconstitutional, in resolving disputes about competence, interpretation of the Constitution, which is designed to ensure legal protection of the Constitution, balance, balancing of powers within the boundaries established by the Constitution.
Due to the special status of the Constitutional Court as the main link in the mechanism of constitutional control, the highest constitutional body of the same level with the federal institutions of the presidential, legislative and executive powers, of all the highest judicial bodies, only its competence, along with the competence of the President, the State Duma, the Federation Council, the Government, defined directly and specifically in the Constitution. Based on the Constitution, the powers, procedure for the formation and activities of the Court are established by the Law on it.
2. Part 1 art. 125 of the Constitution determines the numerical composition of the Constitutional Court of the Russian Federation - 19 judges. The previous legislative regulation provided for 15 judges (in fact, 13 were elected and served). The procedure for the appointment of constitutional judges is established in the Basic Law (clause "e" of Article 83, clause "g" of Part 1 of Article 102, Part 1 of Article 128), and is specified in the Law on the Constitutional Court of the Russian Federation (Article 4, 9 and 10) and the Regulations of the Federation Council (Chapter 24).
Judges of the Constitutional Court of the Russian Federation are appointed to the position by the Federation Council on the proposal of the President. Proposals for candidates may be submitted to the President by members of the Federation Council, deputies of the State Duma, legislative (representative) bodies of constituent entities of the Russian Federation, higher judicial bodies and federal legal departments, all-Russian legal communities, legal scientific and educational institutions. The legislation places high demands on candidates for the position of judge of the Constitutional Court. Only a citizen of the Russian Federation who has reached the age of at least 40 years by the day of appointment, has an impeccable reputation, has a higher legal education and work experience in the legal profession of at least 15 years, and has a recognized high qualification in the field of law can be appointed.
The issue of appointment to the position of a judge of the Constitutional Court is considered by the Federation Council no later than 14 days from the date of receipt of the President’s proposal. Each judge is appointed individually by secret ballot. A person who receives a majority vote of the total number of members of the Federation Council is considered to be appointed to the position of judge. The appointment is formalized by a resolution of the chamber. At a meeting of the chamber, the judge is sworn in, the text of which is defined in Art. 10 of the Law on the Constitutional Court of the Russian Federation: “I swear to honestly and conscientiously fulfill the duties of a judge of the Constitutional Court of the Russian Federation, obeying only the Constitution of the Russian Federation, nothing and no one else.” In the event of a judge leaving the Court, a proposal for the appointment of another person to vacant place submitted by the President to the Federation Council no later than one month from the day the vacancy opens. Thus, in September 2008, a vacancy opened up after the early retirement of Judge B.S. Ebzeev in connection with his election as President of the Karachay-Cherkess Republic.
The powers of the Constitutional Court as a body, unlike other higher state institutions, are not limited to a certain period, which ensures its autonomy and independence. This is also served by the principle of irremovability of judges during the period for which they are appointed. The legislator, however, has repeatedly changed the term of office of judges. Amendments to the Law on the Constitutional Court of the Russian Federation in 2005 established that the powers of a judge of the Constitutional Court of the Russian Federation are not limited to a certain period, but the maximum age for holding this position is 70 years (Article 12). His powers can be terminated or suspended only in the manner and on the grounds established by the Law on the Constitutional Court of the Russian Federation (Articles 12, 14, 17 and 18).
The legally established principle of incompatibility serves to ensure the independence, objectivity, impartiality and depoliticization of the Court and its judges, i.e. prohibition on activities and actions incompatible with the position of a constitutional judge, especially related to activities of a political nature (belonging to political parties and movements, participating in their congresses, conferences, other political events, election campaigns, etc.). A judge cannot engage in any other paid activity other than creative (teaching, scientific, etc.), or provide patronage to anyone in the legal field; publicly express one’s opinion on the subject of consideration in the Court before making a decision on it, etc. (Article 11 of the Law on the Constitutional Court of the Russian Federation).
One of the important guarantees of the independence of the Court and the equality of rights of judges were the provisions of the Law on the Constitutional Court of the Russian Federation on the election by the judges themselves from their composition by secret ballot of the Chairman, his deputy and the judge-secretary of the Constitutional Court of the Russian Federation. In 2009, the legislator changed this procedure by introducing a number of amendments to the Law on the Constitutional Court of the Russian Federation. The position of the secretary judge was abolished, another position of the Deputy Chairman was introduced in its place, and it was established that the Chairman of the Constitutional Court and his deputies are appointed to positions by the Federation Council on the proposal of the President from among the judges of the Constitutional Court. The term of office of these persons was also increased to 6 years instead of the previous 3. In support of such changes, the need was pointed out to unify the procedure for forming the leadership of all higher federal courts, greater transparency of this procedure, better assurance of the independence of the leadership of the Constitutional Court of the Russian Federation, and reference was made to world experience. Is it true, new procedure does not provide in any form for taking into account the opinions of judges of the Constitutional Court of the Russian Federation on candidates for the positions of Chairman and his deputies, in contrast to other higher federal courts, the heads of which can be appointed by the Federation Council to positions on the recommendation of the President in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation - body of the judicial community and, in addition, candidates for deputy chairmen of these courts are presented to the President by the chairmen of these courts.
The formation of two chambers provided for by law serves to increase the efficiency and efficiency of the activities of the Constitutional Court. If at the first stage the Constitutional Court worked with a single composition of judges, then since 1994 it has carried out constitutional proceedings by three panels - through plenary sessions and chamber sessions. In this case, each chamber acts as a Court. Decisions made both at plenary sessions and at sessions of the chambers are decisions of the Constitutional Court of the Russian Federation, they are legally equivalent. This organizational and legal structure of the Court required the delimitation of its competence between the plenum and the chambers. At a plenary meeting, any issue within the competence of the Court can be considered, but some of them - exclusively at such meetings (Article 21, as well as Articles 15, 17, 18, 23, 24, 26, 42, 47 and 111 of the Law ). At the sessions of the chambers, cases are resolved that are within the jurisdiction of the Court and are not subject to consideration, according to the Law on it, exclusively in plenary sessions (Article 22). In practice, the bulk of cases are considered at chamber meetings.
The main principles of the activities of the Constitutional Court are independence, collegiality, transparency, competition and equality of parties.
3. In parts 2-7 art. 125 of the Constitution establishes the competence of the Constitutional Court of the Russian Federation. It has been significantly changed compared to its regulation at the first stage during the creation of the Constitutional Court. On the one hand, the 1993 Constitution assigned to the Court such new important powers as, for example, interpretation of the Constitution, verification of the constitutionality of intra-federal treaties, consideration of constitutional complaints, court requests, etc. On the other hand, some of the previous powers were excluded, for example, resolving cases on the constitutionality of political parties and other public associations, checking the constitutionality of law enforcement practice, non-normative acts, etc.
The powers of the Constitutional Court of the Russian Federation are established both by the Constitution (Article 125, Part 3 of Article 100, Part 1 of Article 104), and in accordance with its Part 3 of Art. 128 federal constitutional law, which is the Law on the Constitutional Court of the Russian Federation. His Art. 3 (clause 7) provides that the Court may exercise powers (rights) granted to it by other federal laws, as well as by Federal and other intra-federal treaties, if these rights do not contradict its legal nature and purpose as a judicial body of constitutional control. So far, the only example of establishing additional powers of the Constitutional Court is the Law on Referendum (verification of the constitutionality of the initiative to hold a referendum on a proposed issue).
Thus, the list of powers of the Constitutional Court of the Russian Federation given in the Constitution is not closed; it can be supplemented by the above types of laws and treaties, but not changed or reduced by them. In this regard, it is necessary to critically evaluate the content of the norm included by the Federal Constitutional Law of December 15, 2001 N 4-FKZ in Art. 3 of the Law on the Constitutional Court of the Russian Federation, according to which the competence of the Court established by this article can be changed only by amending the Law. However, the competence of the Constitutional Court of the Russian Federation, established in paragraphs 1-6 of Part 1 of Art. 3, are verbatim reproductions of his powers, enshrined in parts 2-5, 7 of Art. 125 and part 1 of Art. 104 of the Constitution. Consequently, a change in this competence, not counting its addition, can be carried out only through amendments to the Constitution, which alone can entail a subsequent change in the norms of the Law on the competence of the Court.
The competence of the Constitutional Court is determined by establishing, firstly, the types of legal acts that are subject to verification and official interpretation, as well as the list of public authorities, disputes about the competence between which it is authorized to resolve; secondly, the circle of eligible subjects of appeal to the Court. At the same time, the Constitutional Court itself does not have the right to consider cases on its own initiative.
One of the main and most often implemented in practice is the power of the Court, established by Part 2 of Art. 125 of the Constitution, resolve cases on the constitutionality of regulations and agreements. This is the so-called abstract normative control, i.e. outside of connection with the application of the act in a specific judicial or other case. Four types of such acts fall under the jurisdiction of the Court: normative acts of the federal and regional levels, intra-federal treaties and international treaties of the Russian Federation that have not entered into force.
To the acts of the federal level subject to verification, paragraph “a”, part 2 of Art. 125 of the Constitution relates primarily federal laws. In a number of its decisions, the Constitutional Court justified that in in this case The Constitution means not only federal laws in the narrow sense, but also federal constitutional laws, which are also subject to verification in constitutional proceedings (see Resolutions dated June 29, 2004 N 13-P, dated March 21, 2007 N 3-P *(1166 )). The Constitutional Court, by way of abstract normative control, is also competent to resolve cases on the constitutionality of any normative acts of the President, the Federation Council, the State Duma, the Government, regardless of their form and name. The Court is not competent to examine other acts of these bodies that do not establish rules of law. Both normative and non-normative acts of federal executive bodies - ministries, federal services, agencies, etc. All these acts can be appealed to other courts.
Acts at the regional level that are subject to verification by the Constitutional Court include, first of all, the constituent acts of the constituent entities of the Russian Federation - their constitutions and charters. As for the laws and other regulations of the constituent entities of the Russian Federation, there are certain restrictions. Under the jurisdiction of the Court, in accordance with paragraph "b" of Part 2 of Art. 125 of the Constitution, those that are issued on issues falling within the jurisdiction of federal government bodies and the joint jurisdiction of federal and regional government bodies are covered. Acts of constituent entities of the Russian Federation, issued on issues of their exclusive jurisdiction, cannot be challenged in the Constitutional Court on the basis of this paragraph. Another limitation is due to the very concept of “regulatory act of a subject of the Federation”. In this case, it means normative acts of the highest bodies of state power of the subjects. Other normative acts issued in the constituent entities of the Russian Federation, for example, ministries, local governments, do not fall under the jurisdiction of the Constitutional Court. They can be challenged in other courts, including the constitutional (statutory) courts of the constituent entities of the Russian Federation.
The jurisdiction of the Constitutional Court extends to such a unique category of normative acts as contracts (clause “c” of Part 2 of Article 125 of the Constitution). It's about on contracts concluded on the basis of Part 3 of Art. 11 of the Constitution between government bodies of the Russian Federation and its subjects, as well as on agreements between government bodies of two or more subjects of the Russian Federation, i.e. on intra-federal agreements. The jurisdiction of the Constitutional Court of the Russian Federation includes agreements in the public legal sphere, for example, on the delimitation of jurisdiction and powers.
Applied to legal acts, listed in clauses “a” - “c”, part 2 of Art. 125 of the Constitution, the Constitutional Court carries out subsequent (repressive) control, i.e. control of entered into force and current regulations and agreements. Clause "d" part 2 art. 125 provides for preliminary (preventive) control of international treaties of the Russian Federation that have not entered into force, i.e. before their ratification, approval or entry into force, in any other way of expressing the consent of the Russian Federation to be bound by them. Such control avoids the emergence of a conflict between the laws of the country and its international obligations. This is especially important due to the fact that the Constitution of 1993, in Part 4 of Art. 15 for the first time recognized the generally recognized principles and norms of international law and international treaties of the Russian Federation integral part Russian legal system, as well as the primacy of these treaties (ratified and entered into force for Russia) over the laws of the country in their application * (1167).
As for eligible subjects of appeal to the Constitutional Court with a request to verify the constitutionality of those listed in Part 2 of Art. 125 of the Constitution of normative acts and treaties, the Constitution includes the President, the Federation Council, the State Duma, 1/5 members of the Federation Council (33 members) or deputies of the State Duma (90 deputies), the Government, the Supreme Court and the Supreme Arbitration court Russian Federation, legislative and executive authorities of the constituent entities of the Russian Federation * (1168).
In Resolution No. 13-P*(1169) of July 18, 2003, the Constitutional Court of the Russian Federation, based on the interpretation of the constitutional and legal meaning of the provisions of the Law on the Prosecutor’s Office in their interrelation with the norms of a number of other laws, concluded that federal legislation does not exclude the possibility of the Prosecutor General the opportunity to apply to the Court with a request to verify the compliance of the Constitution with the constitutions and charters of the constituent entities of the Russian Federation. It seems that federal legislation does not exclude the possibility for the Prosecutor General, taking into account the status and functions of the prosecutor's office of the Russian Federation headed by him, to make a request to verify the constitutionality of laws and other regulations of the constituent entities of the Russian Federation specified in paragraph "b" of Part 2 of Art. 125 of the Constitution. However, this must be clearly regulated by law.
4. According to Part 3 of Art. 125 of the Constitution, the Constitutional Court of the Russian Federation is competent to resolve disputes about competence. These are, first of all, disputes between federal government bodies (clause “a”, part 3, article 125). Based on Art. 11 of the Constitution these include the President, the Federal Assembly, the Government, federal courts. As for other federal institutions - federal executive bodies (ministries, services, agencies), the Accounts Chamber, etc., a dispute about the competence with their participation can be considered by the Court only if their competence can be derived from constitutional norms, since according to clause 1, part 1, art. 93 of the Law on the Constitutional Court of the Russian Federation, the contested competence must be determined by the Constitution, and it does not directly establish the competence of these other bodies. The Court is not competent to consider disputes about the jurisdiction of the case and jurisdiction, i.e. disputes between judicial authorities; disputes of a property nature, for example, about the ownership of a particular object by a specific owner.
The jurisdiction of the Constitutional Court also includes the resolution of disputes about competence between state authorities of the Russian Federation and its subjects, between the highest state authorities of the subjects of the Russian Federation (clauses “b” and “c” of Part 3 of Article 125 of the Constitution). Based on Part 3 of Art. 11 of the Constitution, the competence of public authorities of the constituent entities of the Russian Federation is determined on the basis of an analysis of the provisions of the Constitution on issues of jurisdiction of the Russian Federation, joint jurisdiction of the Federation and its constituent entities, exclusive jurisdiction of the constituent entities of the Russian Federation (Articles 71-73, 76, etc.), as well as agreements on the delimitation of subjects of jurisdiction and powers.
The right to apply to the Court with a petition to resolve a dispute about competence is vested in any of the bodies participating in the dispute specified in Part 3 of Art. 125 of the Constitution, and the President of the Russian Federation also in the case provided for in its Part 1 Art. 85. Before filing a petition, the applicant should try to use other methods of resolving the dispute, in particular conciliation procedures.
Among the few examples of the resolution of disputes about competence by the Constitutional Court is the dispute between the Federation Council and the President regarding the ownership of the authority to issue an act on the temporary removal of the Prosecutor General from office in connection with the initiation of a criminal case against him (see Resolution dated December 1, 1999 N 17-P *(1170)). At the same time, a dispute about competence in a certain aspect may arise when the Court considers cases in other procedures, for example, when checking the constitutionality of normative acts on the basis of Part 2 of Art. 125 of the Constitution, since such verification in accordance with Art. 86 of the Law on the Constitutional Court of the Russian Federation is carried out, among other things, from the point of view of the separation of powers established by the Constitution, delimitation of competence, subjects of jurisdiction and powers.
5. With the adoption of the 1993 Constitution, citizens for the first time acquired the right to enter into a dispute with the state represented by the legislator. The courts also received new opportunities to ensure constitutional legality. This is due to the provisions established in Part 4 of Art. 125 of the Constitution, the power of the Court to verify the constitutionality of the law applied or to be applied in a particular case on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts, i.e. carry out specific normative control * (1171).
Article 96 of this Law, specifying this constitutional norm, establishes that citizens and their associations, as well as other bodies and persons specified in the federal law, have the right to file an individual or collective constitutional complaint. The court broadly interprets the concept of “association of citizens” as the subject of the right to file a constitutional complaint. Religious associations are recognized as such (see Resolution of the Constitutional Court of the Russian Federation of November 23, 1999 N 16-P * (1172)); joint-stock companies, partnerships and limited liability companies as associations - legal entities, created by citizens for the joint implementation of constitutional rights guaranteed by Part 1 of Art. 34 and part 2 of Art. 35 of the Constitution (see Resolution of the Constitutional Court of the Russian Federation dated October 24, 1996 N 17-P * (1173); state-owned enterprises - legal entities (see Resolution of the Constitutional Court of the Russian Federation dated October 12, 1998 N 24-P * (1174); municipalities as territorial associations citizens who collectively exercise the constitutional right to exercise local self-government (see Resolution of the Constitutional Court of the Russian Federation of April 2, 2002 N 7-P * (1175).
Under citizens in Part 4 of Art. 125 of the Constitution and Art. 96 of the Law on the Constitutional Court of the Russian Federation in their relationship with Art. 46 and part 3 of Art. 62 of the Constitution means not only citizens of the Russian Federation, but also foreign citizens and stateless persons, who also have the right to file a constitutional complaint if the law violates their rights and freedoms guaranteed by the Constitution, which is confirmed by a number of decisions of the Constitutional Court of the Russian Federation (see, for example: Resolution of 17.02 .1998 N 6-P; Definitions dated 03/02/2006 N 55-O, dated 03/01/2007 N 333-O*(1176)). To “other bodies and persons” mentioned in Art. 96 of the Law on the Constitutional Court of the Russian Federation, endowed with the right to appeal to the Court with a complaint about the violation by law of the constitutional rights and freedoms of citizens in connection with a specific case, the legislator has so far included the Prosecutor General (Part 6 of Article 35 of the Law on the Prosecutor's Office) and the Commissioner for Human Rights ( clause 5, part 1, article 29 of the Law on the Commissioner for Human Rights).
On constitutional complaints in accordance with Part 4 of Art. 125 of the Constitution, in contrast to consideration of requests based on clause “b” of Part 2 of this article, the Court is empowered to check, from the point of view of the subject of regulation, the constitutionality of all laws, including those issued on issues falling within the exclusive jurisdiction of the constituent entities of the Russian Federation. At the same time, upon a constitutional complaint, he has the right to check the constitutionality of not any law, but only that affecting constitutional rights and freedoms. There is no such restriction for a court request; its subject can be any law (cf. paragraph 1 of Article 98 and Articles 101, 102 of the Law on the Constitutional Court of the Russian Federation). In both cases, the law means federal constitutional laws, federal laws, laws of constituent entities of the Russian Federation, and also, if they are applied in a specific case, constitutions, charters of constituent entities of the Russian Federation.
The Constitutional Court interprets the concept of “law” quite broadly in relation to the exercise of the right to a constitutional complaint and to a court request. Thus, in the Resolution of 07/05/2001 N 11-P * (1177) based on the interpretation of Art. 18, 46, 118, 120 and 125 of the Constitution, the Court found it permissible to check the constitutionality of amnesty acts (resolutions of the State Duma), taking into account, moreover, that in judicial practice amnesty acts are recognized as having the same legal force for the courts as the norms of law. In the Resolution of January 27, 2004 N 1-P * (1178), the Constitutional Court substantiated the conclusion that, by virtue of Part 4 of Art. 125 of the Constitution and Art. 96, 97, 101 and 103 of the Law on the Constitutional Court of the Russian Federation, a court request and a citizen’s complaint for a violation of constitutional rights and freedoms, which challenge the constitutionality of both a federal law and a regulatory act of the Government, may be considered admissible if there is a direct normative connection between the Government resolution with this federal law and if these acts are applied or are subject to application in a specific case in indissoluble unity. If the question of the constitutionality of the contested normative act of the Government does not arise, it is subject to review by the Supreme Court. This legal position of the Constitutional Court of the Russian Federation was also reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 N 48 “On the practice of courts considering cases challenging normative legal acts in whole or in part” (clause 1).
In a number of its decisions, the Constitutional Court substantiated the constitutional criteria for the delimitation of competence between the Constitutional and other courts in the field of judicial normative control, taking into account, moreover, the imperfection of its legislative basis (see Resolutions of the Constitutional Court of the Russian Federation dated 06.16.1998 N 19-P, dated 04.11.2000 N 6-P, dated 04.04.2002 N 8-P, dated 12/15/2003 N 19-P *(1179)). It follows from the Constitution that only the competence of the Constitutional Court of the Russian Federation includes checking the constitutionality of those listed in paragraphs “a” and “b”, part 2, part 4 of Art. 125 of the Constitution of normative acts, which is carried out in a special procedure of constitutional proceedings and may lead to their loss of legal force. Other courts do not have such powers. The final determination of the compliance of acts of subjects of the Russian Federation with the Constitution and federal laws is also carried out by the Court; it may be required to resolve a dispute between the Russian Federation and its subject after a court of general jurisdiction makes a decision to recognize a normative act of a subject of the Russian Federation as invalid. This is due to the fact that the assessment of the compliance of an act of a subject of the Russian Federation with federal law is always constitutionally justified by the delineation of the subjects of jurisdiction between the Russian Federation and its subjects enshrined in the Constitution. Verification of the constitutions and charters of the constituent entities of the Russian Federation can only be carried out in accordance with constitutional, and not administrative or civil proceedings.
The foregoing does not negate the right of courts to assess the conformity of any acts subject to their application with the Constitution, including laws, to identify their constitutional meaning and to refuse to apply in a particular case an unconstitutional law, in the opinion of the court, being guided in resolving the case directly by the Constitution, and in the event of a contradiction between federal law and the law of the subject of the Russian Federation to decide, taking into account the delimitation of competence between the Russian Federation and its subjects, which of them should be applied in the case under consideration. The right of the courts is not limited either, being guided in their decision by the relevant resolution of the Constitutional Court of the Russian Federation and Art. 87 of the Law on the Constitutional Court of the Russian Federation, confirm the invalidity of the provisions of the constitutions, charters, laws of the constituent entities of the Russian Federation, if they contain the same norms that were previously declared unconstitutional by the Court. At the same time, the right and at the same time the duty of the court, as follows from Art. 101 of the said Law is to appeal to the Constitutional Court with a request if the court comes to the conclusion that the law applied or subject, in the opinion of the court, to be applied in a specific case before it, is inconsistent with the Constitution.
6. The power of the Constitutional Court, enshrined in Part 5 of the commented article, to interpret the Constitution is important. In practice, sometimes there is a unequal understanding of a particular constitutional norm due to its lack of certainty and completeness, internal inconsistency, inaccuracy of the terminology used in it, etc., which can and sometimes leads to its inadequate implementation in the process of lawmaking, judicial and other law enforcement. The Court's interpretation of the Constitution consists of eliminating uncertainty in the understanding of its norms, identifying and explaining their true meaning, content and purposes.
The right to appeal to the Constitutional Court with a request for an interpretation of the Constitution is vested in the President, the Federation Council, the State Duma, the Government, and legislative bodies of the constituent entities of the Russian Federation. As you can see, the list of bodies and persons possessing such a right is narrower than those possessing it, according to Part 2 of Art. 125, the right to request verification of the constitutionality of normative acts. This is due to the special significance of the official normative interpretation of the Constitution for all subjects of law. Unlike other decisions of the Constitutional Court, adopted by a majority of judges participating in voting, the decision on interpretation is made by a majority of at least 2/3 of the total number of judges (Article 72) and only at plenary sessions (Article 21 of the Law on the Constitutional Court of the Russian Federation).
The interpretation of the Constitution given by the Court is official and binding for all representative, executive and judicial bodies of state power, local government bodies, enterprises, institutions, organizations, officials, citizens and their associations (Article 106 of the Law on the Constitutional Court of the Russian Federation). The interpretation of the Constitution by the Court becomes, in fact, an integral part of the interpreted constitutional norm. To date (2009), the Constitutional Court, in the manner of official normative interpretation, has formulated its legal positions on 23 articles of the Constitution in 13 decisions.
These are constitutional norms relating to: the procedure for the adoption of federal laws (Part 4 of Article 105, Articles 106, 107); the concept of “adopted federal law”, which is associated with clarification of the powers of each of the subjects of the legislative process (Article 107); forms of a legal act on constitutional amendments (Article 136); the concepts “total number of deputies of the State Duma” and “total number of members of the Federation Council”, having important to determine the voting results when adopting laws and other decisions (part 3 of article 103, parts 2 and 5 of article 105, part 2 of article 135, etc.); legal consequences of the dissolution of the State Duma (clause “b” of Article 84, parts 1, 2 and 4 of Article 99, Article 109); its dissolution after the three-time rejection of candidates for the Chairman of the Government presented by the President (Part 4 of Article 111); temporary performance of the duties of the President by the Chairman of the Government in cases where the President is unable to fulfill them (parts 2 and 3 of Article 92); early termination of the exercise of powers by the President (Article 91, Part 2 of Article 92); the concepts of “system” and “structure” of federal executive authorities, which is associated with the definition of the powers of the State Duma and the President in the sphere of formation of the federal executive power (clause “g” of Article 71, Part 1 of Article 76, Part 1 of Art. 112); the status of an autonomous district that is part of a territory or region (Part 4 of Article 66); legal procedure for including a new name of a subject of the Russian Federation in Art. 65 of the Constitution (part 2 of article 137); delimitation of competence between the Constitutional Court and other courts (Articles 125-127).
At the same time, the Court interprets the Constitution when making decisions in other procedures, checking the constitutionality of contested normative acts, identifying their constitutional and legal meaning, resolving disputes about competence, considering constitutional complaints and court requests. And although the interpretation, called the official casual one, is subordinated to the task of justifying the decision in its motivational part, based on the legal nature of the decisions of the Constitutional Court of the Russian Federation, it is mandatory not only for the parties in a particular case, like a casual interpretation carried out by other courts, but for all law enforcement officials . Thus, it has normative and interpretive properties.
7. Part 7 of the commented article defines the powers of the Constitutional Court in connection with its participation in the procedure for removing the President from office, or, in the terminology of foreign constitutions, impeachment of the President. This procedure determined by the norms of Art. 93 of the Constitution, specified by the Rules of Procedure of the State Duma (Chapter 22) and the Rules of Procedure of the Federation Council (Chapter 23). The Constitutional Court is authorized, at the request of the Federation Council, to give an opinion on compliance with the established procedure for bringing charges against the President of high treason or committing another serious crime. The Court's consideration of the case on giving an opinion is regulated by Ch. XV Law on the Constitutional Court of the Russian Federation. According to Art. 110 of this Law, if the Constitutional Court decides not to comply with this procedure, the consideration of the charge is terminated.
8. The Court exercises its powers by accepting various types decisions defined in Art. 71 of the Law on the Constitutional Court of the Russian Federation. This is the final decision made on the merits of any of the issues listed in parts 2-5 of Art. 125 of the Constitution, called a resolution, or adopted on the merits of a request to comply with the established procedure for bringing charges against the President (Part 7 of Article 125), called a conclusion. Other, non-final decisions of the Constitutional Court adopted in the course of constitutional proceedings include rulings. Among them, a variety that has developed in practice, such as definitions with positive content, stands out. With these determinations, the Court confirms its final decisions, the extension of the substantive and procedural legal positions and conclusions contained in them to legal provisions similar to those considered in these decisions, carries out the universalization of legal positions, which at the same time is important means ensuring the execution of decisions of the Constitutional Court * (1180).
Based on the results of consideration of the case, the Constitutional Court recognizes a normative act or agreement or individual provisions thereof as constitutional or unconstitutional, and in a dispute over competence, it confirms or denies the authority of the relevant body to issue an act or perform an action of a legal nature that gave rise to the dispute over competence (Articles 87, 91, 95, 100, 104 of the Law on the Constitutional Court of the Russian Federation). Part 6 art. 125 of the Constitution determines the legal consequences of the decisions of the Constitutional Court of the Russian Federation. Acts or their individual provisions recognized as unconstitutional shall lose force; International treaties of the Russian Federation that do not comply with the Constitution are not subject to entry into force and application.
Specifying the legal consequences of the adoption of decisions by the Constitutional Court of the Russian Federation, the Law on the Constitutional Court of the Russian Federation determines that decisions of courts and other bodies based on acts recognized as unconstitutional are not subject to execution and must be reviewed in cases established by federal law, i.e. using the substantive legal grounds and procedural institutions established by law. The provisions of other normative acts or agreements based on a normative act or agreement recognized as unconstitutional in whole or in part, or reproducing them or containing the same provisions that were declared unconstitutional, are also subject to cancellation in the prescribed manner. If the recognition of a normative act as unconstitutional has created a gap in legal regulation, then the Constitution is directly applied until the adoption of a new normative act (Articles 79, 87).
True, when considering a particular contested legal provision, the Court often does not recognize it as unconstitutional, but indicates in its decision the proper constitutional content of this provision by identifying its constitutional and legal meaning and only in this sense recognizing this provision as constitutional, which also has normative significance.
An equally important problem is the implementation of decisions of the Constitutional Court of the Russian Federation. A considerable part of them, as practice shows, are carried out in a timely manner, sometimes immediately. But there are also examples of obvious disregard or unjustified delay in the implementation of decisions that require legislative or subordinate regulation, the repeal of provisions of acts similar to those recognized as unconstitutional; continued adoption by law enforcement agencies of decisions based on acts recognized as unconstitutional; refusal to a citizen to review a judicial or other law enforcement decision based on an act declared unconstitutional, etc. In order to increase the efficiency of execution of decisions of the Constitutional Court of the Russian Federation, in December 2001, on the initiative of the President, a number of changes and additions were made to the Law on the Constitutional Court of the Russian Federation, the essence of which is to specify the responsibilities of federal and regional government bodies and officials to bring laws and other regulations into compliance compliance with the Constitution in connection with the decision of the Constitutional Court of the Russian Federation, and as a consequence of non-compliance with this obligation - the application of measures of constitutional and legal responsibility (Articles 79, 80 and 87). At the same time, as emphasized by the President of the Russian Federation D.A. Medvedev in his Address to the Federal Assembly of November 5, 2008, “execution of court decisions is still a huge problem. Moreover, the problem of all courts, including the Constitutional Court. The reasons are, of course, different everywhere. However, I will note one common thing: this is the lack of real responsibility of officials, yes and the citizens themselves who do not comply with the court decision. Such liability must be introduced."
Constitutional Court of the Russian Federation– a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings (Article 1 of the Federal Law of the Russian Federation dated July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation” as amended on February 8, December 15, 2001).
The Constitutional Court of the Russian Federation consists of 19 judges, one of whom is the presiding judge and one is his deputy.
These judges are elected at the plenary session of the Constitutional Court for a period of 3 years, while the total term of office of judges is 15 years. Judges of the Constitutional Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation. A citizen of the Russian Federation who has reached the age of 40, has an impeccable reputation, has a higher legal education and work experience in the legal profession of at least 15 years, and also has a recognized high qualification in the field of law can be appointed as a judge of the Constitutional Court of the Russian Federation. Judges of the Constitutional Court of the Russian Federation are independent and enjoy immunity.
Structure of the Constitutional Court of the Russian Federation includes two chambers, one of which consists of 10, and the second of 9 judges of the Constitutional Court. At each meeting, the chambers elect from among their members a presiding officer who performs his leadership duties within the framework of this meeting.
Operating principles Constitutional Court:
1) independence of judges of the Constitutional Court of the Russian Federation;
2) collegiality of consideration of cases;
3) publicity court session(broadcasting of meetings of the Constitutional Court of the Russian Federation is allowed);
4) adversarialism and equality of the parties (this principle is conditional for constitutional proceedings, since decisions are made on the basis of documents and there are no actual parties).
The Constitutional Court of the Russian Federation has the right: 1) resolve cases on the compliance of federal laws, Decrees of the President of the Russian Federation, acts of the Government of the Russian Federation with the Constitution of the Russian Federation; constitutions of republics, charters, as well as laws and other normative acts 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; those who have not joined legal force international treaties of the Russian Federation; 2) resolve 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 bodies of the constituent entities of the Russian Federation; 3) give an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime; 4) take legislative initiatives on issues within their jurisdiction; 5) give an interpretation of the Constitution 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, legislative bodies of the constituent entities of the Federation); 6) check the constitutionality of the law applied or to be applied in a specific case resolved by the court based on complaints from citizens and requests from the courts; 7) exercise other powers granted to him by the Constitution of the Russian Federation, the Federal Treaty and federal constitutional laws. In a truly democratic state, it is not enough to have democratic legislation and a democratic mechanism for its application by the executive branch. It is necessary, as already noted, to have a democratic organization and the activities of a third, judicial branch, designed to ensure law and order in its own ways and resolve conflicts that arise in life on the basis of the principle of the rule of law. Without this, the state cannot be truly democratic and legal.
Essence and functions. The judiciary and its bodies are an integral and at the same time unique part of the mechanism for implementing democracy in a democratic state, which is in a certain interaction with other branches of state power and their bodies. By adopting laws, the legislative branch determines the basic principles of organization and the general direction and content of the activities of the judicial branch. The executive power provides the material and technical basis for the activities of the judiciary, the training of relevant personnel, etc. At the same time, in accordance with the principle of separation of powers, neither the legislative nor the executive power can interfere in the practice of administering justice, in the judicial activities of the courts. Bodies of justice are independent bodies of state power, using specific means and methods within their competence to regulate social relations, protecting the rights and freedoms of man and citizen, based on the principles of legality and justice. They are government bodies whose decisions are binding on all citizens, officials and government bodies. These decisions and the resulting sanctions are made on behalf of the state. Data common features are also inherent in other government bodies. At the same time, the judicial power and its bodies are also characterized by specific features that distinguish it from the legislative and executive powers.
Firstly, in a democratic state the judiciary performs an exclusive, inherent function - justice function which cannot and should not be performed by any other bodies or persons. If the legislative power is very often exercised jointly by parliament and the president or monarch, and the executive power is exercised jointly by the president or monarch and the government, then the judicial power is exercised only by courts and judges.
Secondly, judicial power is exercised in a special procedural form established by law, during the judicial process, based on strict adherence to a special legalized procedure, the violation of which entails the reversal of the court decision. Compliance with such procedural forms is intended to ensure guarantees that the court makes truly legal decisions, i.e. guarantees of justice. These forms and procedures are regulated by the relevant rules of procedural law.
Thirdly, judicial power is directly exercised not only by its highest body, but also by the entire system of bodies of this power. Each of the links in this system - from the lower courts to the supreme courts - is the bearer of judicial power and resolves judicial disputes completely independently, independently, guided only by the law and legal consciousness. In accordance with the principle of independence of the activities of the judiciary, such control is incompatible with interference by legislative and executive bodies in the administration of justice.
The administration of justice is the main and fundamental, but not the only function of the judiciary. Within its framework: control (supervision) is carried out over the legality and validity of the adoption by the bodies of inquiry and investigation of procedural coercive measures (arrest, search, etc.); interpretation is given legal norms; facts of legal significance are officially certified (for example, actual marital relations, kinship, recognition as dead or missing, etc.); the legal personality of citizens is limited as provided by law (for example, declaring a person incompetent); judicial supervision of court decisions, etc.
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The Constitutional Court of the Russian Federation is a judicial body intended for the legal protection of the Constitution of Russia. In terms of its significance, the Constitutional Court of the Russian Federation belongs to the highest bodies of judicial power. But unlike the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, the Constitutional Court of the Russian Federation does not head the system of constitutional courts. He does not have any powers in relation to the constitutional (criminal) courts of the constituent entities of the Russian Federation.
The Constitutional Court of the Russian Federation exercises 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 (Articles 125, 128) and the Federal Constitutional Law of the Russian Federation “On the Constitutional Court of the Russian Federation”.
The tasks facing the Constitutional Court of the Russian Federation are to protect the foundations of the constitutional system, fundamental human rights and freedoms, to ensure the supremacy and direct effect of the Constitution of the Russian Federation throughout the entire territory of the Russian Federation.
Powers of the Constitutional Court of the Russian Federation:
1) resolution of cases on the compliance of federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, and the Government of the Russian Federation with the Constitution of the Russian Federation; constitutions of republics, charters, laws and other normative acts of the 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) resolution of disputes about competence between federal government bodies; between the highest government bodies of the constituent entities of the Russian Federation; between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation;
3) verification of the constitutionality of the law applied or to be applied in a particular case, carried out on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts;
4) interpretation of the Constitution of the Russian Federation;
5) giving opinions on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime.
The Constitutional Court of the Russian Federation has the right of legislative initiative on issues within its jurisdiction.
To ensure that the Constitutional Court of the Russian Federation does not turn into an instrument of “political games,” the law clearly states that it resolves only issues of law. When carrying out constitutional proceedings, the Constitutional Court refrains from establishing and examining factual circumstances in all cases when this falls within the competence of other courts and other bodies.
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 for a period of 12 years, and the appointment of a judge for a second term is not allowed. Judges of the Constitutional Court of the Russian Federation are independent, irremovable and have equal rights in the implementation of constitutional proceedings. The powers of the Constitutional Court of the Russian Federation itself are not limited to a certain period.
The Constitutional Court of the Russian Federation consists of two chambers, including 9 and 10 judges. The personal composition of the chamber should not remain unchanged for more than 3 years in a row. The composition of the chambers is determined by drawing lots. The Chairman and Deputy Chairman of the Constitutional Court of the Russian Federation cannot be members of the same chamber.
Most cases are considered at chamber meetings. In addition, the Constitutional Court of the Russian Federation also considers cases at plenary sessions, in which all judges of the Constitutional Court of the Russian Federation participate. Any issue within the competence of the Constitutional Court of the Russian Federation can be considered at a plenary session. Only at a plenary session does the Constitutional Court of the Russian Federation resolve 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, accepts messages from the Constitutional Court of the Russian Federation, gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime, decides on the issue of putting forward a legislative initiative. At plenary sessions, organizational issues are also resolved: the election of the Chairman, his deputy, the formation of the composition of the chambers, the order of consideration of cases in the plenary session and the distribution of cases between the chambers are established. At a plenary meeting, a decision is made to suspend or terminate the powers of a judge.
The organization of work in the Constitutional Court of the Russian Federation is entrusted to the Chairman of the Constitutional Court of the Russian Federation, his deputy and the secretary judge.
The Chairman of the Constitutional Court of the Russian Federation manages the preparation of plenary sessions of the Constitutional Court of the Russian Federation, convenes them and presides over them, introduces for discussion of the Constitutional Court of the Russian Federation issues to be considered at the plenary session and sessions of the chambers, exercises general management of the apparatus of the Constitutional Court of the Russian Federation in relations with state and public organizations , acts on behalf of the Constitutional Court of the Russian Federation on its behalf.
The Deputy Chairman carries out, under his authority, certain functions granted to the Chairman of the Constitutional Court of the Russian Federation by law, and in cases where the Chairman is unable to fulfill his duties, he temporarily performs his duties.
The judge-secretary of the Constitutional Court of the Russian Federation directly supervises the apparatus of the Constitutional Court of the Russian Federation, organizes the preparation and holding of meetings of the Constitutional Court of the Russian Federation, brings to the attention of the relevant bodies, organizations and individuals the decisions adopted by the Constitutional Court of the Russian Federation, and informs the Constitutional Court of the Russian Federation about their execution, organizes information support for judges of the Constitutional Court of the Russian Federation.
Constitutional proceedings are carried out in accordance with the principles of independence, collegiality, publicity, orality and continuity, equality and adversarial rights of the parties, and the national language of legal proceedings.
Judges of the Constitutional Court of the Russian Federation are independent and are guided when making decisions only by the Constitution of the Russian Federation and the Law “On the Constitutional Court of the Russian Federation”. Judges act in their personal capacity and do not represent any state or public bodies, political parties and movements, or social groups. Decisions are made in conditions that exclude outside influence on their freedom of expression. They do not have the right to request or receive instructions from anyone on issues accepted for study or considered by the Constitutional Court of the Russian Federation. Interference in the activities of the Constitutional Court of the Russian Federation entails liability provided for by law.
Consideration of cases and issues and adoption of decisions on them is carried out only collectively. The Constitutional Court of the Russian Federation is competent to make decisions in plenary sessions in the presence of at least two-thirds of the total number of judges, and at a meeting of the chamber - in the presence of at least three-quarters of its composition.
Sessions of the Constitutional Court of the Russian Federation are held openly. A closed court hearing is held when it is necessary to preserve secrets protected by law, ensure the safety of citizens, and protect public morals. Decisions of the Constitutional Court of the Russian Federation are always proclaimed publicly.
Proceedings at sessions of the Constitutional Court of the Russian Federation take place orally. During the consideration of cases, explanations of the parties, testimony of experts and witnesses are heard, and available documents are read out. Meetings are held continuously, with the exception of time allocated for rest or preparation of the participants in the proceedings for further proceedings.
The parties enjoy equal rights and opportunities to defend their positions on an adversarial basis.
Proceedings in the Constitutional Court of the Russian Federation are conducted in Russian. All persons who do not speak Russian are given the right to give explanations in another language and use the services of an interpreter.
Based on the results of consideration of cases, the Constitutional Court of the Russian Federation adopts decisions, conclusions and determinations. All decisions are made in a closed meeting.
A resolution is a decision of the Constitutional Court of the Russian Federation, adopted on the merits of issues of compliance with the Constitution of the Russian Federation of federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, on complaints of violation of constitutional rights and freedoms and others listed in paragraph 1, 2, 3, 4 hours. I Art. 3 of the Law "On the Constitutional Court of the Russian Federation". Resolutions are issued in the name of the Russian Federation.
Conclusion - the final decision of the Constitutional Court of the Russian Federation on the merits of the issue of compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime.
All other decisions of the Constitutional Court of the Russian Federation are called rulings.
Resolutions and conclusions of the Constitutional Court of the Russian Federation, no later than two weeks, are sent to the judges of the Constitutional Court of the Russian Federation, the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the Commissioner for Human Rights, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, the Minister of Justice RF. They must be immediately published in official publications of government bodies of the Russian Federation, constituent entities of the Russian Federation that are affected by this decision, as well as in the “Bulletin of the Constitutional Court of the Russian Federation”.
Decisions of the Constitutional Court of the Russian Federation are final and not subject to appeal, and enter into legal force immediately after proclamation. Acts or their individual provisions recognized as unconstitutional shall lose force; International treaties recognized as inconsistent with the Constitution of the Russian Federation that have not entered into force are not subject to entry into force. Court decisions based on acts recognized as unconstitutional are not enforceable and must be reviewed in cases established by federal law.
Decisions of the Constitutional Court of the Russian Federation are subject to execution immediately after publication or delivery of their official text, unless other deadlines are specifically agreed upon, throughout the entire territory of the Russian Federation; their failure to perform, improper execution or obstruction of execution entails liability established by federal law.
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 authorities of the constituent entities of the Russian Federation, allows 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 public authorities of the Russian Federation and the joint jurisdiction of public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation;
c) agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities of the constituent entities of the Russian Federation;
d) international treaties of the Russian Federation that have not entered into force.
The Constitutional Court of the Russian Federation resolves disputes about the competence of:
a) between federal government bodies;
b) between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;
c) between the highest state bodies of the constituent entities of the Russian Federation.
The Constitutional Court of the Russian Federation, upon 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, in the manner established by federal law.
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, and legislative bodies of the constituent entities of the Russian Federation, interprets the Constitution of the Russian Federation.
Acts or their individual provisions recognized as unconstitutional shall lose force; 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.
The Constitutional Court of the Russian Federation, at the request of the Federation Council, gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime.
Comm. Kashepov V.P.
The Constitutional Court of the Russian Federation is one of the highest federal bodies of judicial power. The powers, procedure for the formation and activities of the Constitutional Court, in accordance with Article 128 of the Constitution, are established by federal constitutional law. The Federal Constitutional Law “On the Constitutional Court of the Russian Federation” was adopted on July 21, 1994.
The main function of the Constitutional Court is to exercise constitutional control in order to protect the foundations of the constitutional system, the fundamental rights and freedoms of man and citizen, to ensure the supremacy and direct effect of the provisions of the Constitution throughout the Russian Federation. Constitutional control consists of identifying legal acts of state bodies and officials that contradict constitutional provisions, as well as taking measures to eliminate these deviations. If a legal act is declared unconstitutional, it loses its legal force. The Constitutional Court exercises judicial power through constitutional proceedings.
The Constitutional Court is formed by the President of Russia and the Federation Council in the manner prescribed by law (Article 9 of the Law “On the Constitutional Court”). The Law grants the right to submit proposals to the President on candidates for judges to members (deputies) of the Federation Council and deputies of the State Duma, as well as legislative (representative) bodies of the constituent entities of the Russian Federation, higher judicial bodies and federal legal departments, all-Russian legal communities, legal scientific and educational institutions. The listed subjects of the right to select candidates may name several candidates for each vacancy. In the official explanation of the State Legal Administration of the President of the Russian Federation, clauses 1 and 2 of the Decree of the President of the Russian Federation “On the replacement vacant positions federal judges" dated December 25, 1993. it is said that the Decree expressly provided that the Ministry of Justice of the Russian Federation and the All-Russian Congress of Judges must present two candidates for each position.
The President's proposal to appoint a judge of the Constitutional Court must be considered by the Federation Council within fourteen days. The Federation Council, after appropriate discussion of the nominated candidates in committees and commissions, makes a decision on the appointment individually by secret ballot. A person who receives a majority of the total number of members (deputies) of the Federation Council during voting is considered to be appointed to the position of judge of the Constitutional Court. After the announcement of the voting results on the candidates nominated by the President of the Russian Federation, the Chairman of the Federation Council announces the time for the swearing-in of persons appointed to the position of judges of the Constitutional Court. The swearing-in is carried out by the Chairman of the Federation Council in a solemn atmosphere in the presence of the State Emblem and Flag of the Russian Federation in the meeting room. The oath is administered in accordance with the Resolution of the Federation Council of the Federal Assembly of October 25, 1994. “On the procedure for swearing in judges of the Constitutional Court of the Russian Federation.”
In the event of a judge leaving the Constitutional Court, a nomination for a vacant position of a judge shall be submitted by the President of the Russian Federation to the Federation Council no later than one month from the date the vacancy opens. The judge of the Constitutional Court is irremovable. His powers may be terminated or suspended only in the manner and on the grounds established by the Federal Constitutional Law “On the Constitutional Court”.
Current legislation places the highest demands on judges of the Constitutional Court. A candidate for the position of judge of the Constitutional Court may be a citizen of the Russian Federation who has reached at least 40 years of age by the day of appointment, has an impeccable reputation, has a higher legal education and work experience in the legal profession of at least 15 years, and has a recognized high qualification in the field of law. A judge of the Constitutional Court is appointed for a term of 12 years. Appointment to this position for a second term is not permitted. The age limit for holding the office of a judge of the Constitutional Court is 70 years.
The law establishes strict rules defining the inadmissibility of activities and actions that are incompatible with the position of a judge of the Constitutional Court (Article 11 of the Law “On the Constitutional Court”). A judge of the Constitutional Court cannot be a member of a representative body, hold or retain other state or public positions, or engage in other paid activities, except for teaching, scientific or other creative activities; does not have the right to defend or represent in court or arbitration court; cannot belong to political parties or participate in political activities; does not have the right to publicly express his opinion in the media on an issue that may become the subject of consideration by the Constitutional Court, until a decision is made on this issue.
The law provides special guarantees for the independence of a judge of the Constitutional Court. The independence of a judge of the Constitutional Court is ensured by his irremovability, inviolability, equality of rights of judges, the procedure for suspension and termination of powers of a judge established by the Law “On the Constitutional Court”, the right to resignation, the mandatory nature of the established procedure for constitutional proceedings, the prohibition of any interference in judicial activities, the provision judge of material and social security, security guarantees corresponding to its high status.
Material and other guarantees for judges of the Constitutional Court for the independent and full implementation of constitutional proceedings, preserving the scientific potential of the Constitutional Court, increasing the level of social protection of judges are determined by the Decree of the President of the Russian Federation of September 15, 1995. “On ensuring the activities of the Constitutional Court of the Russian Federation.”
The Constitutional Court is one of the branches of the judicial power and carries out its functions in the forms of constitutional proceedings established by law. The main principles of the activities of the Constitutional Court are independence, collegiality, transparency, competition and equality of parties. The Law “On the Constitutional Court” also includes oral proceedings (Article 32) and continuity of court hearings (Article 34) as principles of constitutional proceedings.
The originality of constitutional proceedings leaves its mark on the list and content of its principles: among them there are no indications of legality, the principle of the presumption of innocence, the right to defense, the participation of representatives of the people and other principles of justice. This is explained by the fact that the Constitutional Court does not administer justice on specific criminal and civil cases. The function of exercising constitutional control excludes the participation in legal proceedings of the accused, defendants, their defenders, plaintiffs and defendants. A citizen can take part in constitutional proceedings in limited cases when he supports a complaint that in his specific case, pending in the relevant court, a law that is contrary to the Constitution has been applied or may be applied.
The collegiality of constitutional proceedings differs from the collegiality of justice: representatives of the people are not involved in the consideration of cases in the Constitutional Court, since the cases resolved by it require deep legal knowledge and high professionalism. At the same time, consideration of cases within the jurisdiction of the Constitutional Court and adoption of decisions on them can only take place in a collegial composition: in a plenary session or sessions of chambers.
The current Constitution has changed and expanded the powers of the Constitutional Court. The Constitutional Court has the right of legislative initiative on issues within its jurisdiction (Part 1 of Article 104 of the Constitution).
To eliminate the politicization of the activities of the Constitutional Court, its main functions are more clearly defined and the limits of constitutional control are defined. The Constitution and the Law “On the Constitutional Court” indicate an exhaustive list of acts that are subject to consideration by the Constitutional Court in terms of their compliance with the Constitution. The first group includes acts at the federal level: federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, and the Government of Russia. The second group consists of acts of the constituent entities of the Russian Federation, constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation. Verification of the constitutionality of laws and other normative acts of the constituent entities of the Russian Federation is carried out by the Constitutional Court only on those of them that are adopted on issues related to the jurisdiction of government bodies of the Russian Federation and the joint jurisdiction of federal government bodies and government bodies of the constituent entities of the Federation. The Constitutional Court does not have the right to exercise constitutional control over acts falling under the jurisdiction of state authorities of the constituent entities of the Federation. The third group includes agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Federation, agreements between public authorities of the constituent entities of the Federation. The fourth group of acts in this classification consists of international treaties of the Russian Federation that have not entered into force.
The Constitutional Court is also responsible for resolving disputes about competence between government bodies at the federal level and at the level of the constituent entities of the Federation (between federal bodies, between government bodies of the Federation and government bodies of the constituent entities of the Federation, between the highest government bodies of various subjects of the Federation).
The current legislation on the Constitutional Court limits the range of subjects who can appeal to the Constitutional Court. If you previously had this authority public organizations and parties, any deputy Supreme Council, now only the President of the Russian Federation, the Federation Council, the State Duma, a group of deputies constituting 1/5 of the members of the Federation Council or deputies have the right to apply to the Constitutional Court with a request to verify the constitutionality of the normative acts of state authorities specified in Article 125 of the Constitution and agreements between them State Duma, Government, Supreme Court or Supreme Arbitration Court of the Russian Federation, as well as legislative and executive authorities of the constituent entities of the Federation. Recognition of normative acts or individual provisions thereof as unconstitutional deprives them of legal force. International treaties of the Russian Federation recognized as not complying with the Constitution are not subject to entry into force and application. Recognition of a normative act or agreement or individual provisions thereof as inconsistent with the Constitution is grounds for repealing, in accordance with the established procedure, the provisions of other normative acts based on a normative act or agreement recognized as unconstitutional.
One of the main powers of the Constitutional Court is to implement the right of citizens to legal protection from encroachments by government bodies and officials on their rights and freedoms. The Constitutional Court considers individual or collective complaints from citizens about violations of their constitutional rights and freedoms and verifies the constitutionality of the law applied in a particular case. The right to appeal to the Constitutional Court is enjoyed by citizens whose rights and freedoms are violated by the law applied or to be applied in a particular case, by citizen associations, as well as other bodies and persons specified in Article 96 of the Law “On the Constitutional Court”. The issue of violation of rights and freedoms may be the subject of consideration by the Constitutional Court also at the request of the courts. The consideration of these cases by the Constitutional Court should become one of the most significant guarantees of respect for the rights and freedoms of citizens exercised by the judiciary.
Giving courts the right to appeal to the Constitutional Court with a request about the constitutionality of laws provides them with the opportunity, to a certain extent, to influence the future change of the law, the imperfection of which has been revealed in judicial practice. This right of the courts and the duty of the Constitutional Court to consider these issues should be a factor in ensuring the supremacy of the Constitution, the subordination of normative acts, and strengthening the rule of law.
The Constitutional Court, as a body of constitutional control, is the only state body that has the right to interpret the provisions of the Constitution. The law clearly defines the circle of officials and government bodies who have the right to apply to the Constitutional Court with a request for interpretation of the Constitution. This right is vested in the President, the Federation Council, the State Duma, the Government of the Russian Federation, and the legislative bodies of the constituent entities of the Russian Federation. Thus, the Constitutional Court does not have the right to interpret the Constitution on its own initiative.
The interpretation of the Constitution, carried out in the manner prescribed by law, is official and binding for all government bodies (representative, executive, judicial), local government bodies, enterprises, institutions, organizations, officials, citizens and their associations (Article 106 of the Law “On Constitutional Court").
The Constitution resolves in a new way the issue of the role of the Constitutional Court in the procedure for removing the President of the Russian Federation from office: the Constitutional Court gives an opinion only on compliance with the established procedure for bringing charges of treason or committing another serious crime. The elements of high treason and serious crimes are contained in Art. , UK. This kind of request is considered by the Constitutional Court subject to a number of conditions. Only the Federation Council has the right to apply to the Constitutional Court with such a request. The request is permissible if the accusation was brought by the State Duma and there is a conclusion of the Supreme Court of the Russian Federation on the presence of signs of a corresponding crime in the actions of the President. The request is sent to the Constitutional Court no later than one month from the date of the State Duma’s decision to bring charges. The opinion must be given by the Constitutional Court no later than ten days after registration of the request. If the Constitutional Court finds non-compliance with the established procedure for bringing charges against the President, consideration of the charges is terminated.
To improve the internal organization of the activities of the Constitutional Court and taking into account the volume and complexity of its work, significant changes to its structure and organizational forms of legal proceedings are envisaged. For these purposes, along with plenary sessions as a traditional form of constitutional proceedings, the Constitutional Court holds sessions of two chambers, consisting of ten and nine judges, respectively.
All judges of the Constitutional Court must participate in plenary sessions. The absence of a judge at such a meeting is possible only for a good reason. Non-participation of a judge in sessions of the Constitutional Court or avoidance of voting more than two times in a row without good reason is grounds for termination of his powers. The plenary session is authorized to make decisions on cases under consideration or other issues if at least 2/3 of the total number of appointed judges are present. Its work is supervised by the Chairman of the Constitutional Court.
At a plenary session, unlike sessions of chambers, any issues within the competence of the Constitutional Court can be considered. At the same time, Article 21 of the Law exhaustively defines the list of issues that are considered exclusively at plenary sessions. These questions can be divided into two groups. The first includes issues related to the implementation of the main function of the Constitutional Court - the implementation of constitutional control: on the compliance of the constitutions of the republics and the charters of the constituent entities of the Russian Federation with the Constitution of the Russian Federation; on the interpretation of the Russian Constitution; on giving an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime; about the message of the Constitutional Court; on coming up with a legislative initiative.
Only plenary sessions consider issues related to the organization of the work of the Court as a whole: the election of the Chairman, Deputy Chairman and Secretary Judge of the Constitutional Court; on the formation of the personnel of the chambers of the Constitutional Court; on the Rules of Procedure of the Constitutional Court and amendments and additions to it; on the order of consideration of cases in plenary sessions and the distribution of cases between chambers; on the suspension or termination of powers of a judge of the Constitutional Court, as well as on the early dismissal of the Chairman, Deputy Chairman and secretary judge.
The remaining issues are considered by the chambers of the court, formed only from among the judges of the Constitutional Court. The Chairman of the Court and his deputy cannot be members of the same chamber. The composition of each chamber is renewed every three years.
The bodies organizing the work of the Constitutional Court are the Chairman, Deputy Chairman and the judge-secretary of the Constitutional Court. At a plenary session of the Constitutional Court, judges, by secret ballot, by a majority of the total number of judges, elect from their composition individually the specified officials for a period of three years. The Chairman, Deputy Chairman, and secretary judge may be elected for a new term upon expiration of their term of office. The law provides for a procedure for the early release of these officials from office. This release may take place at the initiative of at least five judges who believe that the Chairman, Deputy Chairman, and secretary judge of the Constitutional Court are not fulfilling their duties in good faith or are abusing their rights. Question about early dismissal from office specified persons is decided by a majority of at least 2/3 of the total number of judges of the Constitutional Court by secret ballot.
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