V. Evdokimov, T.A. Tukhvatullin

On the Necessity to Establish Constitutional (Charter) Courts in the Russian Federation Constituents.

2015. No. 2. P. 112–121 [issue contents]
The paper on the basis of the separation of power principle features the institute of judicial constitutional (charter) supervision in the Russian Federation constituents and legal issues of setting up constitutional (charter) courts. Despite the fact that the constitutions in all Russian Federation constituents and rules of constitutional (charter) courts contain this principle, currently, similar bodies of constitutional justice function only in 16 of 85 constituents. At that, a number of RF regions have eliminated or postponed the activity of such courts. The authors present their attitude to the causes of such a negative situation and show on the basis of constitutional law rules that the absence in every RF constituent a constitutional (charter) court deprives its inhabitants of an important and efficient mechanism of protecting their rights and freedoms. The rationale of setting up constitutional (charter) courts in all Russian regions is determined by the idea contained in articles 45 and 46 of the Russian Federation Constitution on providing by the state judicial protection of rights and freedoms of a person and citizen by implementing justice by the state bodies of constituents. The paper criticizes alternative mechanisms of enforcing constitutional (charter) justice including transferring such powers to the Constitutional Court, combining the competence of the courts of general jurisdiction and constitutional (charter) courts, creation of the bodies of constitutional justice within federal districts. A serious obstacle to establish a system of regional constitutional justice is seen in the lack in the Federal constitutional law On the Judicial System in the Russian Federation a rule stipulating the presence of the bodies of judicial power in the constituents. The paper proposes to enforce a law on the obliging the federal constituents to set up such courts. The authors share the opinion on adopting a federal law to regulate the activity of constitutional (charter) courts in the RF constituents but note that not only a federal law is required but a federal law On the Common Principles of Establishing Legislative (Representative) and Executive Bodies of State Power in Russian Federation Constituents requires changes which will add provisions on the activity of such courts and altering the title of the law.
Citation: Evdokimov V., Tukhvatullin T. (2015) O neobkhodimosti sozdaniya konstitutsionnykh (ustavnykh) sudov v sub"ektakh Rossiyskoy Federatsii [On the Necessity to Establish Constitutional (Charter) Courts in the Russian Federation Constituents.]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 112-121 (in Russian)
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