The functioning of any right-based state is based on the principles and norms of law, which must correspond to each other, forming a coherent legal system. Such a system is usually based on constitutional norms, which contain a designation of the main directions of development of the state.
In this regard, the importance of constitutional oversight for the state cannot be overestimated. In this article we will consider the features of such supervision in Russia.
General information
The operation of the Constitution of Russia covers the entire territory of the state. In addition, this document has the highest legal force, which implies the need to develop all regulatory and other acts strictly in accordance with the Constitution and the principles set forth in it.
The high importance of the Constitution for the legal life of our country is obvious, therefore it needs special protection. One of the means of such protection is constitutional control.
The concept of constitutional review
In order to ensure the supremacy of the Constitution over all normative and legal acts, authorized bodies shall ascertain the conformity of such acts to the basic law of the country and take measures to eliminate established violations and inconsistencies. This activity is called constitutional review.
Regarding the concept of constitutional oversight, the following should be noted. Supervision involves activities to identify and eliminate violations of the law. In the case of constitutional supervision, we are talking about the detection of contradictions in the acts of the supervised institution to constitutional norms.
Some scholars do not differentiate between the concepts under consideration, and from the point of view of linguistics, the terms “control” and “supervision” are synonymous.
Other scientists, on the correlation of the concepts of constitutional control and supervision, speak in a different vein. The most important criteria for distinguishing between these concepts can be attributed to the fact that control is carried out in relation to a controlled body, while the supervisor does not have a subordinate connection with the supervised one. In addition, in the framework of constitutional review, a legal act that is incompatible with the Constitution may be invalidated, which is not possible during supervision.
It is important to note that the current legislation of Russia does not indicate the difference between the terms "constitutional review" and "constitutional review".
Types of constitutional review
Classification of constitutional review can be carried out according to various criteria. So, according to the time of implementation, the constitutional control of legal acts is divided into preliminary and subsequent, that is, carried out before and after the entry into force of the act.
By the necessity and necessity of constitutional control, it is mandatory and optional (carried out with the appropriate initiative). In form: abstract constitutional control or specific, i.e. in connection with the consideration of a specific case.
Based on the fact that constitutional oversight is a type of activity that is different from control, then we can consider oversight as a type of constitutional oversight.
Constitutional review bodies
In Russia, constitutional review bodies primarily include the Constitutional Court of the Russian Federation. In addition to this body, the courts of general jurisdiction, the Federal Assembly of the Russian Federation, the Government of Russia, the President, and the Commissioner for Human Rights in Russia also exercise constitutional review.
There are also bodies that exercise oversight of the observance of freedoms and human rights, the enforcement of laws and their compliance with the acts issued by supervised institutions. We are talking about prosecution authorities, which, unlike constitutional review bodies, do not have the power to repeal acts that are not in accordance with Russian laws, but can appeal them in court.
Constitutional Court of Russia
Judicial constitutional review plays an important role in ensuring the supremacy of the Constitution of the Russian Federation. This type of control on the basis of the law on the Constitutional Court of Russia is implemented by the said court.
His powers include the following:
- Consideration and resolution of cases of compliance of regulatory and other legal acts with the basic law of the state.
- Settlement of disputes on competence and authority between executive authorities and supreme state bodies.
- Interpretation of the Constitution of Russia.
- Preparation of a conclusion on compliance with the procedure for accusing the President of Russia of a serious crime or treason.
In addition to the powers mentioned above, the Constitutional Court has legislative initiative in the field corresponding to it, and also implements other legislatively fixed powers.
Constitutional proceedings
The main objective of constitutional review is the administration of justice related to the application of the norms of the Constitution of the Russian Federation, as well as the charters and constitutions of the constituent entities of Russia. This objective is achieved through constitutional proceedings, which is a system of procedural actions of the court and other parties to the proceedings in connection with the consideration of any case under the constitutional review.
Due to the fact that it is constitutional courts that ensure uniformity of understanding and application of law, and constitutional proceedings have a pronounced public law nature, we can talk about constitutional proceedings as the highest form of judicial protection.
Note that this type of production is not regulated by the code, but by the federal constitutional law, which was mentioned above. At the same time, the Constitutional Court of Russia has the right to form the missing procedural elements and clarify the rules independently.
The decision of the Constitutional Court of the Russian Federation is final and not subject to appeal. In fact, these decisions are equated with legal sources.
Verification of the constitutionality of laws
As part of constitutional oversight, authorities, courts and citizens may submit a request or complaint to the Constitutional Court of the Russian Federation on the study of the constitutionality of normative acts.
The audit involves establishing the conformity of the act with the Constitution in terms of the content of the norms, the form of the act, the procedure for its signing, adoption and entry into force. In addition, the author analyzes the observance of the principle of delimiting the branches of government and competencies and subjects of competence of state bodies.
The result of the audit is the decision of the Constitutional Court of Russia either on the recognition of the provisions of the audited act as in accordance with the Constitution, or inappropriate to it. The last outcome of the audit involves the cancellation of the act or its individual provisions in the prescribed manner. In addition, it is necessary to note those legal documents (or parts thereof) that were adopted in accordance with such an act or its provisions.
Conclusion
So, we examined the concept and types of constitutional control and supervision. In Russian legal science, discussions are underway on the relationship of these terms.
As noted, there is a lack of consensus among scholars and lawyers regarding the concepts of constitutional supervision and control. On the one hand, they can be regarded as synonyms, on the other hand, some differences can be distinguished.
Thus, we can say that there are several points of view on the concepts of “constitutional control” and “constitutional supervision”, each of which, of course, has its positive and negative sides.