The stages of constitutional proceedings: concept and types

Constitutional proceedings in the Russian Federation, the concept, principles, stages of consideration of appeals are regulated by federal law. The rules provide for a strict procedural procedure for making applications, verifying the correctness of their execution, substantive proceedings and issuing decisions. Let us further consider the concept and types of stages of constitutional proceedings .

General information

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

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 carry out a clear division of power into branches. The formation (among other things) was hindered by the centralization of state administration. At present, Russia has taken a clear course towards general democratic values. That is why the creation of the Constitutional Court became possible. It performs the most important functions in a state of law.

The concept of stages of constitutional proceedings

The activities of the Constitutional Court, as mentioned above, are clearly regulated by law. The norms define the stages within which specific procedural actions are performed. The stages of constitutional proceedings include:

1. Making appeal.
2. Preliminary review.
3. Acceptance / rejection of appeal.
4. Preparing for the trial.
5. Consideration of the appeal on the merits.
6. Discussion, voting and adjudication.
7. The promulgation, publication and entry into force of the regulation.
8. Execution of the decision.

Making appeals

The first stage of constitutional proceedings is to file a complaint, petition or request. The appeal must comply with the requirements provided for in the Federal Law. The law establishes the grounds on which the case is accepted for consideration. They are:

1. Uncertainty revealed regarding the compliance of the Constitution with a law, other legal act, or an agreement between state authorities that have not entered into force of an international agreement.
2. Discrepancies found in the positions of the parties regarding the ownership of authority in the framework of competency disputes.
3. Identified uncertainty in the understanding of constitutional provisions.
4. The State Duma is accusing the President of high treason or of committing another serious crime.

Appeals are sent to the COP in writing. They must be signed by an authorized entity. The law provides for mandatory state duty.

Preliminary review

At this stage of constitutional proceedings , registration of appeals is carried out. The chairman of the Constitutional Court in accordance with the established procedure sends instructions to one or several officials on the study of the received materials. The judges are given no more than 2 months for this. A preliminary review is a must. At the end of this stage of constitutional proceedings, an opinion is drawn up. It is reported in plenary.

Acceptance / rejection of appeal

The relevant decision is made in plenary. For this stage of constitutional proceedings in the Russian Federation no more than a month is allotted. The calculation of the term starts from the date of the preliminary consideration of the appeal. The parties to the proceedings shall be notified of the decision taken at the meeting. Rejection of the application, application, request is allowed if:

1. The resolution of the issue essentially does not fall within the competence of the COP.
2. The appeal, according to the requirements of the Federal Law, is not permissible.
3. A decision was made on this issue that remains valid.

The possibility of moving to the next stages of constitutional proceedings and the participation of a representative of a party (or both sides) in them depends.

Preparation for trial

At this stage of constitutional proceedings, one or more rapporteurs are appointed. In the process of studying the appeal and subsequent preparation for the proceedings, the authorized person requests the necessary materials, entrusts the performance of inspections, examinations, studies. He can take advantage of expert advice and send inquiries. The rapporteur and chairman of the meeting establishes the circle of persons who are subject to the call, give orders to notify the subjects of the time and place of the hearing, and to send them case materials.

The trial

The chair of the meeting is the chairperson. He makes sure of the appearance of the parties, checks the credentials of their representatives. In the absence of any of the participants or the corresponding rights to speak on behalf of someone, the possibility of proceedings is being discussed. Responsibilities and responsibilities are explained to parties and representatives. In accordance with the Rules of Procedure of the Constitutional Court, a meeting is being held. It captures the process and results of the hearing.

The presiding judge shall exclude from the proceedings everything that is irrelevant. It provides the judges and participants in the process with the opportunity to speak out. In this case, the presiding judge has the right to interrupt the speaker, to deprive the words if someone arbitrarily breaks the sequence. Essentially, the study of the case begins with the report of the speaker on the grounds and reasons for consideration, the essence of the issue, the content of the materials and the measures that were taken at the preparatory stage of the constitutional proceedings . The Chairperson invites the participants in the process to provide explanations and provide legal arguments justifying their position. In addition, experts, witnesses are heard, additional documents are being studied. All materials examined at the meeting are attached to the case in certified copies or originals. Upon completion of the study, the parties are invited to make a concluding remarks. If after that the Court considers it necessary to find out any additional facts relevant to the consideration of the case, to examine new materials, a decision is made to resume the process. The termination of the proceedings takes place if, during the course of the proceedings, grounds for refusing to accept the appeal are discovered. After recognition of the study of questions as completed, the end of the hearing is announced.

Decision-making

The final judgment is made by the Court in a closed session. In the discussion, only the officials of the Constitutional Court who considered the case participate. Logging staff are allowed in the meeting room. In the process of discussion, judges have the right to freely express their opinion and ask other members of the board to clarify their findings. The minutes of the meeting record the issues put to a vote, as well as the results of its holding. The act is signed by all judges and is not subject to publication.

Types of Solutions

The final act on the merits of any issue referred to in paragraphs 1-4 of Part 1 of Art. 3 FKZ "On the constitutional court", called the decision. 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 bringing charges against the President of high treason or another grave act against the President is called a conclusion. All other acts issued by the COP are referred to as definitions.

The announcement, publication, entry into force of decisions

The proclamation of acts is carried out in open session immediately after signing. The conclusions and decisions of the Constitutional Court within two weeks should be sent to:

1. To the parties.
2. To the judges of the COP.
3. President, State Duma, Federation Council, Commissioner for Human Rights, Government.
4. The Supreme Court, the Supreme Commercial Court, the Prosecutor General, and the Minister of Justice.
   

The decision may be sent to other bodies, organizations, officials, public associations or citizens. Conclusions and decisions must be immediately published in the official publications of state bodies of the federal and regional authorities, to which these acts relate. Decisions are also printed in the Bulletin of the Constitutional Court. The acts adopted by the Court are considered final and are not subject to appeal. Entry into force immediately after the proclamation.

Execution

The decision of the COP should be implemented immediately after the publication or delivery of its official text. Other terms may be specifically stipulated directly in the act. Failure to comply, improper execution or creating obstacles to the implementation of decisions of the Constitutional Court shall entail liability provided for in federal law.