At a recent meeting in Kazan Advisory Board Chairmen of Constitutional Courts of the Russian Federation Deputy Chairman Sergei Mavrin COP stated that the subjects of the federation, more precisely, the Constitutional Justice of the Republic effectively provide a constitutional space of unity in our country.Rather controversial statement, however, is not without a certain logic.And here are the reasons.
According to the accepted legal norms, the constitutional charter courts of the Russian Federation is a legal institution that allows you to make decisions in the field of constitutional law directly to the regional level.Since the launch of the judicial reform in Russia already operate eighteen such institutional structures, mainly in the national republics.
Here at the Kazan meeting it was pointed out that regional authorities must cooperate with the Federal Constitutional Court to address relevant issues and problems related to social protection of the population.In this case, it turns out that Mr. Mavrin indirectly indicates the absence of a unified Russian constitutional space and that is even more important, clear functional demarcation between the courts of different levels.
According to the logic adopted, subjects of the federation have the right (but not obliged) to create a statutory courts, which determine the constitutionality of all regional legal instruments, including a legislative sense.In this case, the local constitutional courts are automatically included in the overall system of the judiciary, but is not directly subject to the Constitutional Court of Russia.That is, the subjects of the federation are entitled to create their own internal constitutional space of just a formal way appropriate to the principles of all-Russian constitutionalism.This is very similar to limit the sovereignty of all states, but not to expand the rights of federal regions of the Russian Federation.And, as we understand it, we are talking about the reform of the judicial system, but not on the new federal model of the Russian state.
Hence another problem - a discrete administrative unit.Different types of subjects of the Russian Federation have unequal rights to various federal, functional authority blurred, economic potential and political significance.Thus, based on the norms of international law, it turns out that the subjects of the federation are unequal.The principle of equality is violated territorial entities.In this sense, the deputy head of the COP call for the formation of a common constitutional space is quite logical and justified, - both from a legal and political point of view.Another question: what to do if there is a constitution and constitutionalism not?
