Constitutional Court of the Russian Federation, according to many experts - this is one of the key bodies in terms of the state of political stability and the quality of governance.It is interesting to examine its structure, competence and range of powers.What are the sources of law govern each of these aspects?What are the features of the Constitutional Court judges?
What is the sound definition of the Constitutional Court?Valid sources from which we can take the necessary language can be effective legal acts.Many lawyers prefer, for example, be based on the relevant provisions of the Federal Constitutional Law.According to the wording in the source considered authority recognized by the constitutional review which is independent and autonomous.
As we can see, the definition sounds simple enough.In some cases studied instance is referred to as the Federal Constitutional Court of the Russian Federation, but it is, strictly speaking, it is not quite true.The relevant sources of law
main source of law, according to which operates the Constitutional Court - the Russian Constitution, the fundamental law of the state.According to her authority under consideration relates to the supreme federal authorities.The core competencies Constitutional Court - review of court cases related to the analysis of the laws and other legal acts such as for compliance with the basic law of the country, and its interpretation of the relevant resolution of disputes.Determination of the Constitutional Court is also given in the corresponding federal law.
court structure, terms of office
Considered authority carries out its activities within the framework of the two chambers.The first are 10 judges in the second - 9. Acquisition of each lot and carried out according to regulations.Among lawyers have said: the term of office of the Constitutional Court of the Russian Federation in terms of the functioning of the chambers in the same line-up - three years.This view corresponds to the position of Article 20 of the Federal Law regulating the activities of the authority.However, there is no requirement that judges should be changed at the same time.Moreover, none of the laws does not reflect the conditions under which this authority may terminate the activities.Therefore, we can say that the term of office of the Constitutional Court of the Russian Federation Russian law is not limited.
Judges of the Constitutional Court are appointed by the upper house of the Federal Assembly of the head of state.The activities they can carry until they reach the age of 70 years.However, this rule does not apply to the President of the COP.This officer shall also be approved by the President of the Russian Federation Council and chosen from among sitting judges.The term of office in this position - 6 years.Under similar conditions, be appointed Vice-Chairman of the Constitutional Court.
The Constitutional Court also work and staff.They form a unit Constitutional Court, which is the main structure of the Secretariat.Employees of the Constitutional Court carries out maintenance work of the Court in terms of the nuances of organizational, analytical directions, information and reference support and help judges in their work.
its functions the Constitutional Court carries out in St. Petersburg.This meeting may be held if the authority deems it necessary, in any other city.Representation of the Constitutional Court is also open in Moscow.It is responsible, in particular, the interaction of the Constitutional Court with other authorities in the capital.
purpose and work of judges
consider the aspect related to the appointment and the work of judges of the Constitutional Court of the Russian Federation, in more detail.Related Articles in the studied organ of power may take a Russian citizen, who turned 40 years old, having a high school diploma in the legal profession.Minimum seniority in the profession - 15 years.Constitutional Court judges are appointed by the Russian Federation, as we have noted above, the Council of the Federation.This is done through secret voting senators.In order for man to be appointed a judge of the Constitutional Court, it is enough to dial a simple majority.Upon election, the President of the Council of the Federation brings elected judge sworn in.
activities of Russian citizens in the respective positions in the Constitutional Court is incompatible with a number of other activities - such as, for example, work as a deputy of the Federal Assembly and other legislative bodies.You can not hold public or social activities related to the position, to engage in business and other work that may be something to prevent the execution of the basic job functions.However, the Constitutional Court judges can teach, study science or creativity.
Who can appeal to the Constitutional Court?
Interact with the Constitutional Court may be citizens, public authorities or organizations by the request, complaint or petition.In general, the basis for Russian Constitutional Court decided to initiate the proceedings, may be uncertainty about whether a certain regulation the basic law of Russia.The complaint, petition or request to the Constitutional Court of the Russian Federation need to make the text of the legal act, which must be checked for constitutionality.To participate in the hearing may call witnesses and experts.
Legal validity of decisions of the COP
decisions of the authority are binding on the federal and regional bodies of legislative, executive and judicial authorities, citizens, organizations and public associations, including the head of state.Thus, none of the subjects of the socio-political processes is not entitled to issue guidance on the Constitutional Court.Since the powers of the Constitutional Court implies encompassing the immediate interests of the state, in relation to the authority, there are certain guarantees of independence.His activities are considered authority may exercise, having the financial, organizational, and financial autonomy from other institutions of power, with the amendment that the cash collateral of judges at the expense of the budget.
Constitutional Court and other authorities
with the Constitutional Court of the Russian Federation, and also interact with other higher authorities: the President, the State Duma, the Federation Council and the Government.They appoint permanent representatives in this instance, which are directly involved in court proceedings and can take some position on the pending cases.
Thus, experts say, the institutions of constitutional law in Russia are not only a court of competent jurisdiction, but also all the basic structures of political power.However, participating in meetings, these authorities have no right to judges considering the case, no pressure.
According to the model, which forms the Russian constitutional law, the Constitutional Court of the Russian Federation has competence, referred to as "related".What does it mean?Just include the powers of the Constitutional Court can be implemented only if the requests from the subjects of political processes, provided the fundamental law of the state.Thus, this authority is not empowered to deal with cases based on the initiative of its member judges.However, this type of powers of the Constitutional Court may be carried out in the framework of engagement of legislative initiative.So it is written in the basic law of the country in the 104th of his article.
specificity of the decisions taken by the Constitutional Court
What features are characterized by the decision of the Constitutional Court?First, we note that the decision, as well as the conclusion of this authority are published immediately after their adoption by the Constitutional Court in the official publications.Regarding the legal power possessed by any decision of the Constitutional Court, it is worth noting that they are not subject to any appeal.There are no confirmations from other government action to get the Constitutional Court should not.If, for example, the Constitutional Court adopted a decision to recognize a legal act contrary to the fundamental law of the state, repeated its adoption can not be a tool for bypassing the decision.Relevant sources of law lose their legal force.
So, we learned important aspects: the specifics of such an authority, the Constitutional Court of the Russian Federation, the composition.The authority of the court, and especially their implementation - that is the next object of consideration.
powers of the Constitutional Court: interpretation of the Constitution
What are the key powers of the Constitutional Court?To those, in particular, to the interpretation of the Basic Law, that is, an explanation of the meaning of the wording contained in it, in order to clearly to all participants of socio-political process of perception of the relevant provisions.Also, interpretation of the Constitution of the Russian Federation by the court for the purpose of the correct fit of legal norms of the basic law to reality, eliminating ambiguities.
This kind of authority to the Constitutional Court carried out according to the request of other higher federal power structures and political institutions of the RF subjects.The interpretation of the basic law of the country has the highest legal force with respect to any acts related to the legal practice.
Check regulations for compliance with the Constitution
What are the other key powers of the judges of the Constitutional Court?To those include verification regulations for compliance with the main law of the state.Appropriate wording confer this authority such authority includes, in particular, the Law on the Constitutional Court of the Russian Federation.A possible reason for the study of certain rules and regulations for compliance with the key source for the state rights may be inquiries or complaints from the authorities, other vessels, as well as Russian citizens.
subjects that can form a legal fact, followed the proceedings in the Constitutional Court, in the case of public bodies, may be President of the Russian Federation Council, the State Duma, the Government, the Supreme and Supreme Arbitration Courts and political institutions in the Russian regions.
Correlation laws and the rights and freedoms of citizens of the Russian Federation
As part of the consideration of requests and complaints relating to the determination by the Court of the constitutionality of legal acts, often studied the precedents related to the possible violation of the laws of the Russian Federation guaranteed rights and freedoms.Consult the considered authority can citizens who feel that their interests have been violated due to some of the wording in the law.The Constitutional Court in this case should not examine the circumstances which confirm the fact of violation of human rights and freedoms.Its powers can be associated only with a view to explore the normative act for compliance with the Basic Law.
Constitutional Court and the impeachment of President
Above we noted that the institutions of constitutional law in Russia are presented along with the structures of the higher judiciary, but, according to some experts, also all the other state authorities of the Russian Federation.However, the relevant political institutions may have not only a right in terms of participation in the constitutional process, but also duties and responsibilities.Responding to the corresponding violations - also among the powers of the considered instance.
Constitutional Court may participate in the process of impeachment of the President - the procedures related to the identification of the fact of treason or any other offense committed by the head of state.This kind of empowerment implies that the authority before us gives a conclusion concerning the correctness of the mechanism by which the President of the Russian Federation in anything accused.The Constitutional Court does not determine how serious the violation committed by the President, considering the rather procedural aspect.We study the extent to correct the State Duma and the Supreme Court of the Russian Federation accused the head of state.The corresponding request to the Constitutional Court can form a Council of the Federation.
disputes about power competencies
studying the powers of the Constitutional Court, briefly examining them, we can also draw attention to the following aspects of this authority - the resolution of disputes relating to the determination of the competence of certain political institutions.The fact is that in some cases between the federal and regional level, there may be differences.The Law on the Constitutional Court of the Russian Federation allows the appropriate authorities to assist in the resolution of such disputes.The right to apply to the Constitutional Court of the Russian Federation has any authority.A complete list of political institutions listed in the 125th article of the Constitution of the Russian Federation.
These basic powers the Constitutional Court, of course, supplemented by many others.For example, the reason for a possible appeal to the Constitutional Court of the Russian Federation can become a question related to the compliance of the fundamental law of the state of a treaty which has not entered into force.With the appropriate request to the Constitutional Court may appeal the President, the Federal Assembly of the Russian Federation, the Russian government, the Supreme Court or the political structures of the RF subjects.The case of this type is possible if an international treaty must be ratified by the State Duma, or the applicant is suspected that the provisions in the document can not be implemented in the Russian Federation due to non-compliance with the provisions of the Russian Constitution.
Constitutional Court is also empowered to consider any requests vessels instances of alleged inconsistency of legal acts applied in the framework of particular cases, the fundamental law of the Russian Federation.The powers of the Constitutional Court includes the consideration of cases related to the study on the subject of the constitutionality of the sources of law, adopted by the public authorities, as well as agreements concluded between the various political actors.
Meetings of the Constitutional Court are conducted under the guidance of the Chairman of the authority.This officer shall submit for consideration by the judges related issues.Powers of the Chairman of the Constitutional Court of the Russian Federation also include the interaction considered authority with other political structures and public organizations.This official operates, issuing orders and instructions.
affairs and issues are considered by the Constitutional Court of the Russian Federation in a collegial manner.This decision is made only those judges who were directly involved in the hearings.Shall rule this authority may only when the meeting was attended by at least two-thirds of the total number of judges.
Cases are the Constitutional Court, as a rule, in an open format.But even if a particular meeting of the requirements of the law, was held behind closed doors, all decisions are published.Consideration of court cases, carried out in oral format.The Constitutional Court examines the explanations of the parties, expert opinions, witnesses, examine documents.We consider the case continuously.Pauses are taken for the rest of the judges and necessary for the further continuation of the meetings of procedures.