Powers of the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation: the foundations of organization

The Constitutional Court of the Russian Federation, according to many experts, is one of the key authorities in terms of state stability and the quality of political governance of the country. It is interesting to study its structure, competencies, and the range of powers. Which sources of law govern each of these aspects? What are the specifics of the work of judges of the Constitutional Court of the Russian

Definition

How does the definition of the Constitutional Court sound? Correct sources, from where we can take the necessary wording, can be the current legal acts. Many lawyers prefer, for example, to take as a basis the provisions of the relevant Federal Constitutional Law. According to the wording, in this source the considered authority is recognized as the body of constitutional control, which is independent and autonomous.

As we see, the definition sounds simple enough. In some cases, the institution under investigation is referred to as the federal Constitutional Court of the Russian Federation, but this, strictly speaking, is not entirely true. In relevant sources of law, such a definition of the studied authority is missing.

The main source of law, in accordance with which the Constitutional Court operates, is the Constitution of the Russian Federation, the basic law of the state. According to it the considered instance refers to the highest federal authorities. In the key competencies of the Constitutional Court of the Russian Federation, consideration of court cases related to the analysis of laws and other types of legal acts for compliance with the country's basic law, its interpretation and resolution of relevant disputes. The definition of the Constitutional Court of the Russian Federation is also given in the relevant federal law.

Structure of the court, terms of office

The considered instance carries out its activity within the framework of two chambers. In the first there are 10 judges, in the second - 9. The equipment of each is carried out according to the lot and regulations. Among lawyers there is an opinion: the term of office of the Constitutional Court of the Russian Federation in the aspect of functioning of chambers in the unchanged composition is three years. This point of view correlates with the provision of Article 20 of the Federal Law regulating the activities of this authority. However, there is no such requirement that judges should change simultaneously. Moreover, none of the laws does not reflect the conditions under which this authority can terminate activities. Therefore, we can say that the term of the Constitutional Court of the Russian Federation of Russia is not restricted by law.

Judges of the Constitutional Court of the Russian Federation are appointed by the Upper Chamber of the Federal Assembly on the proposal of the head of state. Activities they can lead until they reach the age of 70 years. True, this rule does not apply to the President of the COP. This official is also approved on the proposal of the President of the Russian Federation by the Council of Federation and is selected from among the acting judges. The term of office in this position is 6 years. Under similar conditions, Deputy Chairpersons of the Constitutional Court of the Russian Federation are appointed.

In the RF Constitutional Court, ordinary employees also work. They form the apparatus of the Constitutional Court of the Russian Federation, the main structure of which is the Secretariat. Employees of the Constitutional Court of the Russian Federation ensure the work of the Court in the aspect of organizational nuances, scientific and analytical directions, information and reference support, and also assist judges in their work.

The Constitutional Court exercises its functions in St. Petersburg. At the same time, meetings can be held, if this authority deems it necessary, in any other city. Representation of the RF Constitutional Court is also open in Moscow. It is responsible, inter alia, for the interaction of the Constitutional Court with other authorities in the capital.

Appointment and work of judges

Consider the aspect related to the appointment, as well as the work of judges in the RF Constitutional Court, in more detail. A citizen of Russia, who is 40 years old and has a university degree in law, can occupy the corresponding position in the authority under examination. The minimum length of service is 15 years. The judges of the Constitutional Court of the Russian Federation are appointed, as we already noted above, by the Federation Council. This happens through a secret vote of senators. In order for a person to be appointed a judge of the Constitutional Court of the Russian Federation, it is sufficient for him to collect a simple majority of votes. On the fact of elections, the Chairman of the Federation Council brings the elected judge to swear.

The activities of citizens of the Russian Federation in the corresponding position in the RF Constitutional Court are incompatible with a number of other activities, such as, for example, working as a deputy of the Federal Assembly and other legislative bodies. You can not occupy public or public-related positions, engage in business and other work that may interfere with the performance of basic labor functions. At the same time, judges of the Constitutional Court of the Russian Federation can teach, engage in science or creativity.

Who can apply to the Constitutional Court of the Russian Federation?

Citizens, authorities or organizations can intervene with the Constitutional Court of the Russian Federation through a request, complaint or petition. In general, the basis for the Russian Constitutional Court to decide on the commencement of the case, may be the uncertainty as to whether a certain normative act corresponds to the basic law of Russia. To the complaint, petition or request to the Constitutional Court of the Russian Federation, it is necessary to attach the text of the legal act, which must be checked for constitutionality. Witnesses and experts may be summoned to attend the hearing.

The legal force of decisions of the Constitutional Court

The decisions of this body of government are binding on the federal and regional bodies of the legislative, executive and judicial branches, citizens, organizations and public associations, including the head of state. Thus, none of the subjects of socio-political processes have the right to issue instructions regarding the Constitutional Court. Since the powers of the Constitutional Court of the Russian Federation imply the touching of the direct interests of the state, there are certain guarantees of independence regarding this body of government. The considered instance can carry out its activity, having financial, organizational, and also material autonomy from other power institutions, with the amendment that monetary maintenance of work of judges is carried out at the expense of the budget.

The Constitutional Court and other authorities

The Supreme Court of the Russian Federation also interacts with other supreme bodies of power: the President, the State Duma, the Federation Council, and the Government. They appoint permanent representatives in this instance who take direct part in court hearings and may take a position on the cases in question.

Thus, according to experts, the institutions of constitutional law in the Russian Federation are represented not only by the Court of relevant competence, but also by all the basic structures of political power. However, participating in meetings, these authorities have no right to exert no pressure on the judges examining the cases.

Specificity of competences

According to the model that forms Russian constitutional law, the Constitutional Court of the Russian Federation has a competence called "related". What does it mean? Literally the following: the powers of the Constitutional Court of the Russian Federation can be realized only if there are requests from subjects of socio-political processes provided for by the basic law of the state. Thus, this body of power is not entitled to consider cases, based on the initiative of its members judges. However, this type of authority of the Constitutional Court of the Russian Federation can be exercised within the framework of the exercise of the right of legislative initiative. This is stated in the main law of the country, in its 104th article.

Specificity of decisions taken by the Constitutional Court

What are the characteristics of the decisions of the Constitutional Court of the Russian Federation? First of all, we note that the decisions, as well as the conclusions of this body of authority are published immediately after their adoption by the Constitutional Court of the Russian Federation in official publications. Regarding the legal force that any decisions of the Constitutional Court of the Russian Federation possess, it is worth noting that they are not subject to any appeal. Any action by other authorities should not be taken by the Constitutional Court of the Russian Federation. If, for example, the Constitutional Court has adopted a resolution to recognize a legal act that is inconsistent with the basic law of the state, then its re-adoption can not be an instrument to circumvent the decision. Relevant sources of law become invalid.

So, we studied important aspects: the specifics of the activity of such an authority as the Constitutional Court of the Russian Federation, the composition. The powers of this instance, as well as the specifics of their implementation, are the following object of consideration.

Powers of the Constitutional Court of the Russian Federation: interpretation of the Constitution

What are the key powers of the Constitutional Court of the Russian Federation? These include, inter alia, the interpretation of the basic law of the country, that is, an explanation of the meaning of the formulations contained therein, with a view to a clear perception of the relevant provisions for all participants in the socio-political process. Also, the interpretation of the Constitution of the Russian Federation is carried out by the court with the aim of correctly adapting the legal norms of the fundamental law to reality, eliminating the ambiguity of formulations.

This kind of authority of the Constitutional Court of the Russian Federation is carried out according to the request of other higher federal authorities, as well as political institutions of the constituent entities of the Russian Federation. Interpretation of the basic law of the country has the highest legal force with respect to any acts related to law enforcement practice.

Checking legal acts for compliance with the Constitution

What are the other key powers of the judges of the Constitutional Court of the Russian Federation? These include checking the legal acts for compliance with the main law of the state. The relevant wording that gives this body of authority such authority includes, in particular, the Law on the Constitutional Court of the Russian Federation. A possible reason for studying certain norms and legal acts for compliance with a source of law that is key to the state may be requests or complaints from authorities, other courts, as well as Russian citizens.

Subjects that can form legal fact with subsequent consideration of the case in the Constitutional Court, in the case of state bodies, may be the President of Russia, the Federation Council, the State Duma, the Government, the Supreme, as well as the Supreme Arbitration Courts and political institutions in the constituent entities of the Russian Federation.

Correlation of laws with the rights and freedoms of citizens of the Russian Federation

As part of the process of considering requests and complaints related to the Court's determination of the constitutionality of legal acts, precedents connected with possible violation of rights and freedoms guaranteed by the laws of the Russian Federation are often studied. Citizens who believe that their interests have been violated because of some formulations in the laws can apply to the jurisdiction in question. The Constitutional Court, at the same time, should not examine the circumstances that confirm the violation of human rights and freedoms. His authority may be related only to studying the normative act for compliance with the basic law of the state.

Constitutional Court and impeachment of the President

Above we noted that the institutions of constitutional law in Russia are represented along with the structures of the higher judicial bodies, but, as some experts believe, also by all other state authorities of the Russian Federation. At the same time, the relevant political institutions can have not only rights in the aspect of participation in the constitutional process, but also duties and responsibilities. The response to the relevant violations is also one of the powers of the instance we are considering.

The Constitutional Court of the Russian Federation may participate in the impeachment process of the President - a procedure related to the identification of a state treason or other offense committed by the head of state. This kind of authority implies that the authority in question gives an opinion concerning the correctness of the mechanism by which the President of Russia is accused of something. The Constitutional Court does not determine how serious the violation committed by the President is, rather, considering the procedural aspect. It is studied how correctly the State Duma and the Supreme Court of Russia accuse the head of state. A corresponding request to the Constitutional Court of the Russian Federation may be formed by the Federation Council.

Disputes over power competences

Studying the powers of the Constitutional Court of the Russian Federation, briefly examining them, one can also draw attention to the following aspect of the activity of this body of government - the resolution of disputes related to determining the competence of certain political institutions. The matter is that in some cases there may be disagreements between the bodies at the federal or regional level. The law on the Constitutional Court of the Russian Federation allows the relevant authority to assist in resolving such disputes. Any authority has the right to intercede with the Constitutional Court of the Russian Federation. A complete list of political institutions is specified in Article 125 of the Constitution of the Russian Federation.

Other authorities

The listed basic powers of the Constitutional Court of the Russian Federation, of course, are supplemented by many others. For example, the reason for a possible appeal to the Constitutional Court of the Russian Federation may be the issue related to the compliance of the basic law of the state with some international treaty that has not entered into legal force. The President, the Federal Assembly of the Russian Federation, the Government of Russia, the Supreme Court or the political structures of the constituent entities of the Russian Federation may apply with the relevant request to the Constitutional Court of the Russian Federation. Consideration of a similar case is possible if the 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 because of inconsistency with the provisions of the Russian Constitution.

The Constitutional Court of the Russian Federation is also authorized to consider the requests of courts of any instances related to the alleged inconsistency of legal acts applied in certain cases to the basic law of the Russian Federation. The powers of the RF Constitutional Court include the examination of cases related to the study of the sources of law for the constitutionality of the sources of law adopted by public authorities, as well as treaties concluded between different political structures.

Organization of litigation

Sessions of the Constitutional Court of the Russian Federation are held under the leadership of the Chairman of this body of government. This official submits relevant questions to the judges for discussion. The powers of the Chairman of the Constitutional Court of the Russian Federation also include the interaction of the authority in question with other political structures and public organizations. This official carries out activities, issuing orders, as well as orders.

Cases and disputes are considered by the Constitutional Court of the Russian Federation in a collegial manner. In this case, decisions are made only by those judges who directly participated in the hearings. The given authority can make decisions only when at least two-thirds of the total number of judges took part in the meetings.

Cases are considered by the Constitutional Court of the Russian Federation, as a rule, in an open format. But even if a meeting, by virtue of the requirements of the law, was held in closed mode, all decisions taken are published. Discussion of issues related to court cases is carried out in an oral format. The Constitutional Court of the Russian Federation studies the explanations of all parties, the opinions of experts, witnesses, and examines documents. We are dealing with cases continuously. Pauses are taken for rest of judges and carrying out of procedures necessary for the further continuation of sessions.