Stages of constitutional legal proceedings: the concept and types

рассмотрения обращений регламентируются федеральным законом. Constitutional legal proceedings in the Russian Federation, the concept, principles, stages of consideration of applications are regulated by federal law. The norms provide for a strict procedural order for accepting applications, verifying the correctness of their execution, substantive proceedings and issuing resolutions. . Let us further consider the concept and types of stages of constitutional legal proceedings .

General information

Constitutional courts have existed for more than 70 years. In Russia, this body was established relatively recently by the decision of the Congress of Deputies on December 19, 1990. From this moment, constitutional justice in the country began to be formed. Today such bodies operate in the republics of Bashkortostan and Tatarstan, in Dagestan, Udmurtia, Sakha (Yakutia), Komi, Buryatia, Chechnya, Karelia. In the Sverdlovsk region, the Charter Court functions.

Specificity

The emergence of the Constitutional Court is difficult to imagine in a totalitarian regime. In the recent past, such institutions did not fit into political structures that did not draw a clear division of power into branches. Formation (among other things) prevented the centralization of public administration. At present, Russia takes a clear course on general democratic values. That is why it became possible to create a Constitutional Court. It performs the most important functions in a state governed by the rule of law.

Concept of stages of constitutional legal proceedings

The activities of the COP, as mentioned above, are clearly regulated by law. The norms define the stages within which specific procedural actions are committed. включает в себя: The scheme of stages of constitutional legal proceedings includes:

1. Making an appeal.
2. Preliminary examination.
3. Acceptance / rejection of the request.
4. Preparation for the trial.
5. Consideration of the appeal on the merits.
6. Discussion, voting and adjudication.
7. Publication, publication and entry into force of the resolution.
8. Execution of the decision.

Entering references

направление жалобы, ходатайства или запроса. The first stage of constitutional litigation is the sending of a complaint, petition or request. Treatment must comply with the requirements stipulated in the Federal Law. The law establishes the grounds on which the case is accepted for consideration. They are:

1. The revealed uncertainty in the issue of compliance with the Constitution of the law, another legal act, an agreement between state authorities that have not entered into force of an international agreement.
2. The contradiction found in the positions of the parties concerning the ownership of powers in the framework of disputes over competence.
3. Identified uncertainty in the understanding of constitutional provisions.
4. The nomination by the State Duma of accusations to the President in the state treason or the commission of another serious crime.

Appeals are sent to the Constitutional Court in writing. They must be signed by an authorized subject. The law provides for compulsory payment of state duty.

Preliminary review

осуществляется регистрация обращений. Registration of appeals is carried out at this stage of the constitutional proceedings . The Chairman of the Constitutional Court, in accordance with the established procedure, sends instructions to one or several officials to study the materials received. Judges are given no more than 2 months for this. Preliminary examination is an obligatory stage. составляется заключение. At the end of this stage of constitutional proceedings, a conclusion is drawn up. It is reported in plenary meeting.

Acceptance / rejection of the request

The corresponding decision is made at the plenary session. отводится не больше месяца. For this stage of the constitutional proceedings in the Russian Federation there is no more than a month. The calculation of the period starts from the date of the end of the preliminary examination of the appeal. The parties to the proceedings are notified of the decision taken at the meeting. The rejection of an application, petition, request is allowed if:

1. The resolution of the issue on the merits is not within the competence of the COP.
2. Treatment, according to the requirements of the Federal Law, is not permissible.
3. On this issue, a decision has been adopted that remains valid.

какой-либо стороны (или обеих сторон). From this depends the possibility of moving to the next stages of constitutional court proceedings and the participation of a representative of either party (or both parties) in them.

Preparation for the proceedings

назначается один либо несколько докладчиков. At this stage of constitutional proceedings, one or more rapporteurs are appointed. During the examination of the appeal and subsequent preparation for the proceedings, the authorized person requests the necessary materials, instructs the execution of inspections, examinations, and studies. He can use the advice of specialists and send inquiries. The speaker and the chairman of the meeting determine the circle of persons who are subject to a challenge, give instructions on notifying the subjects about the time and place of the hearing, sending them case materials.

Proceedings

The chairperson presides over the session. It is verified by the parties' appearance, verifies the credentials of their representatives. In the absence of any of the participants or the corresponding rights to speak from someone else, the question of the possibility of proceedings is being discussed. Parties and representatives are explained responsibilities and responsibilities. In accordance with the Regulations of the COP, a protocol is kept at the meeting. It records the process and results of the hearing.

The presiding judge excludes from the proceedings everything that is irrelevant. It gives judges and participants in the process the opportunity to speak. In this case, the presiding judge has the right to interrupt the speaker, to deprive the word if someone arbitrarily violates the sequence. . The study of the case begins with the speaker's report on the grounds and reasons for consideration, the nature of the matter, the content of the materials and the steps that were taken in the preparatory phase of the constitutional court proceedings . The presiding officer invites the participants of the process to give explanations, to bring legal arguments that justify their positions. In addition, experts, witnesses are heard, additional documents are studied. All materials examined in the meeting are attached to the case in certified copies or originals. Upon completion of the study, the parties are invited to make their final statement. If after that the Court finds it necessary to find out any additional facts relevant to the case, to investigate new materials, a decision is made to resume the process. The termination of the proceedings takes place if in the course of the proceedings the grounds for refusal to accept the appeal are found. After the recognition of the study of the issues is over, it is announced that the hearing has ended.

Decision-making

The final decision is made by the Court in a closed meeting. During the discussion, only officials of the Constitutional Court who consider the case participate. In the advisory room, the presence of staff providing logging is allowed. During the discussion, the judge has the right to freely express his opinion and ask other members of the board to clarify their conclusions. The minutes of the meeting record the issues put to the vote, as well as the results of its holding. The act is signed by all judges and is not subject to disclosure.

Types of solutions

The final act on the merits of any matter given in cl. 1-4 of part 1 of Art. 3 FKZ "On the Constitutional Court", is called a decree. It is issued on behalf of the Russian Federation. The final decision on the merits of the considered request for the implementation of the established procedure for the filing charges against the President in a state treason or other grave deed is called a conclusion. All other acts issued by the COP are referred to as definitions.

Announcement, publication, entry into force of decisions

Proclamation of acts is carried out in an open meeting immediately after signing. Conclusions and decisions of the COP in two weeks should be sent:

1. Parties.
2. To the judges of the Constitutional Court.
3. The President, the State Duma, the Federation Council, the Commissioner for Human Rights, and the Government.
4. VS, YOU, the Prosecutor General, the Minister of Justice.

The decision can be directed to other bodies, organizations, officials, public associations or citizens. Conclusions and decisions must be immediately published in official publications of state bodies of the federal and regional authorities, which these acts concern. Decisions are also printed in the "Bulletin of the Constitutional Court". Acts passed by the Court are considered final and can not be appealed. The entry into force is effected immediately after the proclamation.

Execution

The COP decision must be executed immediately after the publication or delivery of its official text. Other terms can be specially stipulated directly in the act. Non-fulfillment, improper performance or creation of obstacles to the implementation of decisions of the Constitutional Court entails responsibility provided for in federal legislation.