Said Omarov

Main problems of exercising right of RF constitutional court to address the RF Federal Assembley

2011. No. 4. P. 61–70 [issue contents]

Omarov Said - Senior Consultant of the State Duma Committee on Constitutional laws and Statebuilding. E-mail: oma-said@yandex.ru
Address Okhotniy Ryad st., 1, 103265, Moscow

The article focuses on the problems of exercising by the Constitutional Court of the Russian Federation its constitutional power to send the Address to the Federal Assembly of the Russian Federation. The sources analyzed are the norms of the RF Constitution, two versions of the Court rules, doctrinal works of Russian lawyers, materials of constitutional assembly, federal legislation, archives of the parliament. The article sets out the significance and potential of this power of the Constitutional Court as the institution of the constitutional supervision in the RF. The article features historical collisions relating to assigning the court with the power. The questions are analyzed dealing with the regularity of the submissions of the binding document to the Federal Assembly. The author focuses on the drawbacks of the legal regulation of the Constitutional Court activity, .in particular the dispositive way of codifying this power of the RF Constitution and its consequences. He notices that the negative influence of the political environment on the decisions of the members of the Constitutional Court which has been fixed in interpretation of the power as a right but not obligation. Though the court rules state the opposite, many judges state that every decision of the Court is a mini address to the Federal Assembly. The article shows that for the two past decades the Court has sent the address only once - in 1993. Besides, its form and content resembled a regular report. In turn, the deputies of the legislative body having received the address on the key subject of the situation with constitutional law allocated limited time on debates. The article applies a method of comparative analysis which has allowed the author to conclude that the Presidential address to the Federal Assembly has never had any similar issues as it is considered more important. Other soft spots of the legal regulation of the Constitutional Court addresses have been revealed.

Citation: Omarov M. S. (2011) Osnovnye problemy realizatcii poslaniia Konstitutcionnogo Suda Rossiiskoi Federatcii Federal'nomu Sobraniiu Rossiiskoi Federatcii [Main problems of exercising right of RF constitutional court to address the RF Federal Assembley ] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 61-70 (in Russian)
Rambler's Top100 rss