The Constitutional Court of the Russian Federation, according to many experts, is one of the key authorities in terms of state stability and the quality of political governance of the country. It is interesting to study its structure, competencies, as well as the range of powers. What sources of law govern each of these aspects? What are the features of the work of judges of the Constitutional Court of the Russian Federation?
Definition
What is the definition of the Constitutional Court of the Russian Federation? Correct sources from where we can get the necessary wording may be the existing legal acts. Many lawyers prefer, for example, to take as a basis the provisions of the corresponding Federal Constitutional Law. According to the wording, in this source, the authority in question is recognized by the constitutional control body, which is independent and autonomous.
As we can see, the definition sounds simple enough. In some cases, the authority under study is referred to as the Federal Constitutional Court of the Russian Federation, but this, strictly speaking, is not entirely true. In relevant sources of law, such a definition of the studied authority is absent.
The main source of law in accordance with which the Constitutional Court operates is the Constitution of the Russian Federation, the basic law of the state. According to it, the instance in question belongs to the highest federal authorities. The key competencies of the Constitutional Court of the Russian Federation are the consideration of court cases related to the analysis of laws and other types of legal acts for compliance with the main law of the country, its interpretation and the resolution of relevant disputes. The definition of the Constitutional Court of the Russian Federation is also given in the corresponding federal law.
Court structure, terms of office
The instance in question operates in two chambers. In the first 10 judges work, in the second - 9. The complete set of each is carried out according to the lot and regulations. Among lawyers there is an opinion: the term of office of the Constitutional Court of the Russian Federation in terms of the functioning of the chambers in an unchanged composition is three years. This point of view is consistent with the provision of Article 20 of the Federal Law governing the activities of this authority. However, there is no requirement that judges must change at the same time. Moreover, none of the laws reflects the conditions under which this authority can cease operations. Therefore, we can say that the term of office of the Constitutional Court of the Russian Federation is not limited by law.
Judges of the Constitutional Court of the Russian Federation are appointed by the Upper House of the Federal Assembly on the proposal of the head of state. They can conduct activities until they reach the age of 70. True, this rule does not apply to the President of the COP. This official is also approved on the proposal of the President of the Russian Federation by the Federation Council and is selected from among the current judges. The term of office for this position is 6 years. Under similar conditions, Deputy Chairmen of the Constitutional Court of the Russian Federation are appointed.
Ordinary employees also work in the Constitutional Court of the Russian Federation. They form the apparatus of the Constitutional Court of the Russian Federation, the main structure of which is the Secretariat. Employees of the Constitutional Court of the Russian Federation ensure the work of the Court in terms of organizational nuances, scientific and analytical areas, information and reference support, and also help judges in their work.
The Constitutional Court exercises its functions in St. Petersburg. At the same time, meetings can be held, if the given authority considers it necessary, in any other city. The representative office of the Constitutional Court of the Russian Federation is also open in Moscow. It is responsible, in particular, for the interaction of the Constitutional Court with other authorities in the capital.
Appointment and work of judges
Consider the aspect related to the appointment, as well as the work of judges in the Constitutional Court of the Russian Federation, in more detail. The corresponding position in the studied authority can be taken by a Russian citizen who is 40 years old and has a diploma of graduation from a university in a legal specialty. Minimum length of service by profession is 15 years. Judges of the Constitutional Court of the Russian Federation are appointed, as we have already noted above, by the Federation Council. This happens through secret ballot by senators. In order for a person to be appointed judge of the Constitutional Court of the Russian Federation, it is enough for him to gain a simple majority of votes. Upon the election, the Chairman of the Council of the Federation swears an elected judge.
The activities of citizens of the Russian Federation in an appropriate position in the Constitutional Court of the Russian Federation are incompatible with a number of other activities, such as, for example, working as a deputy of the Federal Assembly and other legislative bodies. You can’t hold public or public service positions, engage in business or other work that could interfere with the performance of basic labor functions. At the same time, judges of the Constitutional Court of the Russian Federation can teach, engage in science or creativity.
Who can apply to the Constitutional Court of the Russian Federation?
Citizens, authorities or organizations can interact with the Constitutional Court of the Russian Federation through a request, complaint or petition. In the general case, the basis for the Constitutional Court of Russia to decide on the commencement of the consideration of a case may be uncertainty as to whether a certain regulatory act complies with the basic law of Russia. The text of the legal act must be attached to the complaint, petition or request to the Constitutional Court of the Russian Federation, which must be checked for constitutionality. Witnesses and experts may be called in to attend the hearing.
Legal force of decisions of the Constitutional Court
Decisions of this authority are binding on federal, regional, legislative, executive, and judicial authorities, citizens, organizations, and public associations, including the head of state. Thus, none of the subjects of socio-political processes has the right to issue instructions regarding the Constitutional Court. Since the powers of the Constitutional Court of the Russian Federation imply the violation of the direct interests of the state, there are certain guarantees of independence with respect to this authority. The considered authority can carry out its activities, possessing financial, organizational, as well as material autonomy from other government institutions, adjusted for the fact that the monetary support of the work of judges is carried out at the expense of the budget.
Constitutional Court and other authorities
Other supreme authorities also interact with the Constitutional Court of the Russian Federation: the President, the State Duma, the Federation Council, and the Government. They appoint permanent representatives in this instance who are directly involved in the court hearings and may take some position in relation to the cases under consideration.
Thus, according to experts, the institutions of constitutional law in the Russian Federation are represented not only by the Court of relevant competence, but also by all the basic structures of political power. However, participating in meetings, these authorities are not entitled to exert any pressure on judges considering cases.
Specificity of Competencies
According to the model that forms the Russian constitutional law, the Constitutional Court of the Russian Federation has the competence referred to as “related”. What does it mean? Literally the following: the powers of the Constitutional Court of the Russian Federation can be exercised only if there are requests from the subjects of socio-political processes provided for by the basic law of the state. Thus, this authority is not entitled to consider cases on the basis of the initiative of its judges. At the same time, this type of authority of the Constitutional Court of the Russian Federation can be exercised within the framework of using the right of legislative initiative. This is stated in the basic law of the country, in its 104th article.
The specifics of decisions taken by the Constitutional Court
What features characterize the decisions of the Constitutional Court of the Russian Federation? First of all, we note that the decisions, as well as the conclusions of this authority, are published immediately after their adoption by the Constitutional Court of the Russian Federation in official publications. Regarding the legal force that any decisions of the Constitutional Court of the Russian Federation possess, it is worth noting that they are not subject to any appeal. Actions of the Constitutional Court of the Russian Federation should not receive any confirmation from other authorities. If, for example, the Constitutional Court adopted a decision to recognize a certain legal act as contrary to the basic law of the state, then its repeated adoption cannot be an instrument to circumvent the decision. Relevant sources of law lose their legal force.
So, we have studied important aspects: the specifics of the activities of such an authority as the Constitutional Court of the Russian Federation, composition. The powers of this instance, as well as the features of their implementation - this is the next object of consideration.
Powers of the Constitutional Court of the Russian Federation: Interpretation of the Constitution
What are the key powers of the Constitutional Court of the Russian Federation? These, in particular, include the interpretation of the basic law of the country, that is, an explanation of the meaning of the wording contained in it, with the aim of clearly perceiving the relevant provisions for all participants in the socio-political process. Also, the interpretation of the Constitution of the Russian Federation is carried out by the court with the aim of correctly adapting the legal norms of the fundamental law to reality, eliminating the ambiguity of wording.
This kind of authority of the Constitutional Court of the Russian Federation is carried out according to the request of other higher federal power structures, as well as political institutions of the constituent entities of the Russian Federation. Interpretation of the basic law of the country has the highest legal force in relation to any acts related to law enforcement practice.
Verification of legal acts for compliance with the Constitution
What are the other key powers of judges of the Constitutional Court of the Russian Federation? These include verification of legal acts for compliance with the main law of the state. Relevant wordings that vest this authority with such authority are contained, in particular, in the Law on the Constitutional Court of the Russian Federation. A possible reason for studying certain norms and legal acts for compliance with a key source of law for the state may be requests or complaints from authorities, other courts, as well as Russian citizens.
The subjects that can form a legal fact with the subsequent consideration of the case in the Constitutional Court, when it comes to state bodies, may be the President of Russia, the Council of the Federation, the State Duma, the Government, the Supreme, as well as the Supreme Arbitration Courts and political institutions in the constituent entities of the Russian Federation.
Correlation of laws with the rights and freedoms of citizens of the Russian Federation
As part of the process of considering requests and complaints related to the determination by the Court of the constitutionality of legal acts, precedents are often studied related to the possible violation of the rights and freedoms guaranteed by the laws of the Russian Federation. Citizens who consider that their interests have been violated due to some wording in the laws can contact the authority in question. The Constitutional Court should not study circumstances that confirm the violation of human rights and freedoms. His authority can only be related to studying the normative act for compliance with the basic law of the state.
Constitutional Court and impeachment of the President
We noted above that the institutions of constitutional law in Russia are represented along with the structures of the highest judicial bodies, but, as some experts believe, also by all other state authorities of the Russian Federation. At the same time, relevant political institutions may possess not only rights in the aspect of participation in the constitutional process, but also duties and responsibilities. Responding to appropriate violations is also among the powers of the authority we are considering.
The Constitutional Court of the Russian Federation may participate in the process of impeachment of the President - a procedure related to the identification of the fact of treason or other offense committed by the head of state. This kind of authority implies that the authority we are considering gives a conclusion regarding the correctness of the mechanism by which the President of the Russian Federation is accused of anything. The Constitutional Court does not determine how serious the violation committed by the President is, considering rather the procedural aspect. It examines how correctly the State Duma and the Supreme Court of the Russian Federation accuse the head of state. A corresponding request to the Constitutional Court of the Russian Federation may form the Federation Council.
Disputes regarding authority
Studying the powers of the Constitutional Court of the Russian Federation, briefly examining them, one can also pay attention to the next aspect of the activity of this authority - the resolution of disputes related to determining the competence of various political institutions. The fact is that in some cases, disagreements may arise between bodies at the federal or regional level. The Law on the Constitutional Court of the Russian Federation allows the appropriate authority to assist in the resolution of such disputes. Any authority has the right to apply to the Constitutional Court of the Russian Federation. A complete list of political institutions is indicated in the 125th article of the Constitution of the Russian Federation.
Other powers
The listed main powers of the Constitutional Court of the Russian Federation, of course, are supplemented by many others. For example, the reason for a possible appeal to the Constitutional Court of the Russian Federation may be a question related to the compliance with the basic law of the state of an international treaty that has not entered into legal force. The President, the Federal Assembly of the Russian Federation, the Government of Russia, the Supreme Court or the political structures of the constituent entities of the Russian Federation can apply to the Constitutional Court of the Russian Federation with a corresponding request. Consideration of a case of this type is possible if the international treaty is to be ratified by the State Duma or the applicant has a suspicion that the provisions in the document cannot be implemented in the Russian Federation due to non-compliance with the provisions of the Russian Constitution.
The Constitutional Court of the Russian Federation is also authorized to consider requests of courts of any instances related to the alleged inconsistency of legal acts applicable in the framework of certain cases to the basic law of the Russian Federation. The powers of the Constitutional Court of the Russian Federation include the consideration of cases related to the study of constitutionality of sources of law adopted by state authorities, as well as agreements concluded between various political structures.
Organization of the trial
Meetings of the Constitutional Court of the Russian Federation are held under the leadership of the Chairman of this authority. This official submits relevant questions to the judges for discussion. The powers of the President of the Constitutional Court of the Russian Federation also include the interaction of the authority in question with other political structures and public organizations. This official carries out activities by issuing orders as well as orders.
Cases and controversial issues are considered by the Constitutional Court of the Russian Federation on a collegial basis. However, only those judges who directly participated in the hearings make decisions. This authority may only issue decisions if at least two-thirds of the total number of judges has participated in the meetings.
Cases are examined by the Constitutional Court of the Russian Federation, as a rule, in an open format. But even if this or that meeting, by virtue of the requirements of the law, was held behind closed doors, all decisions taken are published. Discussion of issues related to court cases is carried out orally. The Constitutional Court of the Russian Federation studies the explanations of all parties, the opinions of experts, witnesses, examines documents. Cases are reviewed continuously. Pauses are taken to rest the judges and conduct the necessary procedures for the continuation of the meetings.