The legal proceedings are constitutional. Constitutional principles of the Russian legal proceedings

The constitutional principles of Russian legal proceedings are the same for all cases, regardless of their category. The fundamental law guarantees citizens and organizations the right to protection. In case of infringement of interests, subjects can file a lawsuit.

Constitutional principles of the Russian legal proceedings

The fundamental provisions on which the system of protecting the rights of citizens are based include:

1. Independence.
2. Publicity.
3. The orality of the proceedings.
4. The equal rights of the parties.
5. Competitiveness.
6. Continuity of the meeting.

The legislation also established that procedural proceedings are carried out in the official state language. In this case, if necessary, an interpreter may be involved in the hearing.

Independence

Considering the principles of legal proceedings, it is necessary first of all to note that in their activities persons authorized to consider disputes are guided only by law. They do not speak on behalf of public associations or government agencies. The Code of Judicial Procedure does not allow interference in the course of consideration of cases that could affect the result. Decisions (definitions and other acts) of authorized persons should express a position free from political preferences. The principles of constitutional proceedings do not allow the receipt or request of instructions on issues that have been accepted for preliminary investigation or under consideration by the Constitutional Court. Any interference in the work of the authorized structure involves responsibility.

Collegiality

At first instances, officials hear cases individually. Collegial proceedings are typical for appeals, cassation instances, as well as YOU, Armed Forces and the Constitutional Court. The principles of constitutional legal proceedings allow decisions at plenary hearings if they are attended by at least 2/3 of the total number of authorized employees, as well as at meetings of the chamber with at least 3/4 of its composition. During the determination of the quorum, persons excluded from participation in the proceedings of the case, as well as those whose powers were suspended, shall not be taken into account.

COP decision

Constitutional proceedings are carried out in accordance with the procedure established by law. In the Federal Law governing the activities of the Constitutional Court, there is art. 72. It determines that decisions are taken by open ballot by a roll call of judges. A resolution will be deemed approved if a majority of persons have voted for it, unless another procedure is established by law. If during the decision on the issue of checking the constitutionality of a legal act, an agreement between state authorities, an international treaty that has not entered into force, an equal number of votes appears, it will be deemed rendered in favor of compliance of the disputed document with the Basic Law. The decisions regarding competency disputes must in all cases be approved by a majority. A similar rule applies to decisions regarding the interpretation of the Constitution. Moreover, the majority should be at least 2/3 of the total number of authorized persons. The principles of legal proceedings do not allow evasion or abstention from voting when making decisions of the Constitutional Court.

Publicity

It acts as a general principle for all litigation. Publicity means that the proceedings are carried out openly, unless otherwise provided by the rules. The law allows holding hearings in closed meetings if there are appropriate grounds. For example, administrative proceedings may relate to information constituting the privacy of the plaintiff. In this case, the applicant may request a closed trial. Similar rules are provided for in codes of civil and criminal proceedings. The Constitutional Court holds closed meetings in cases where it is necessary to ensure the confidentiality protected by law, the safety of citizens, and the protection of public morality. Such hearings are attended only by participants in the proceedings: the parties (their representatives) and officials authorized to consider the case. The possibility of the presence of other persons, including employees of the CC Secretariat, who ensure the normal course of the proceedings, is determined by the Chairperson. The consideration of cases is carried out in compliance with the general rules established by law. Decisions made in closed and open meetings are announced publicly.

Oral Proceedings

Consideration of cases is carried out by studying the submitted materials and hearing the parties. This rule applies to all cases of proceedings, including criminal, civil and administrative proceedings. During the meetings, the parties to the case are heard, as well as experts, witnesses and other persons. The court announces the essence of the available documents. An exception may be materials provided to authorized persons for review, or the contents of which were previously set forth at the meeting.

Listening continuity

The law establishes that a hearing in each case should take place without interruption. In this case, it is allowed to allocate time for rest, preparation for further consideration, elimination of circumstances that create an obstacle to the normal course of the hearing. Until a decision is made in a case or before the adjournment of the proceedings, constitutional proceedings shall not be carried out on other issues. This rule applies equally to meetings of both the Plenum and the Chamber of the COP.

Equality and Competition

The legislation establishes the same legal opportunities for the parties to defend their position. This principle is reflected in Article 123 of the Constitution and specified in Article 53 of the Federal Law governing the activities of the Constitutional Court. According to the norms, the parties can familiarize themselves with the case materials, submit petitions, express their position at the hearing, and ask other people questions. The law also allows for the submission of responses to objections that are attached to documents in dispute.

Constitutional proceedings: plan

The trial procedure consists of several stages. They follow one after another. It should be noted that the presence of stages is also characteristic of other proceedings. In particular, the Code of Administrative Procedure, Code of Criminal Procedure, Code of Civil Procedure establish a clear procedure for the consideration of cases. The stages cover the main actions of the parties to the case, as well as the officials authorized to resolve disputes. The Code of Administrative Procedure, Code of Civil Procedure, Code of Criminal Procedure, as well as the Federal Law governing the work of the Constitutional Court, envisage the following stages:

1. Submission of application / appeal.
2. Preliminary study of the materials received.
3. Acceptance of application for consideration or refusal to do so.
4. Preparing for a hearing.
5. The consideration of the case.
6. Meeting, voting, adjudication.
7. The announcement, publication and entry into force of the decision.
8. Execution of the decision.

The timing

Constitutional proceedings, as well as other, consists of stages, the duration of which is limited to specific time intervals. The timing of the materials at one stage or another depends on the category of the case. Differences in the length of the stages are also affected by the legislative provisions of specific regions. According to experts, the most limited in terms of legal proceedings is constitutional in the Republic of Dagestan. The law stipulates that a preliminary study of materials should be completed no later than 10 days from the date of registration of the appeal. After that, within five days, the issue of accepting the case for trial should be resolved. Direct consideration of the dispute begins no later than 10 days after the completion of the preliminary study of the materials.

Act of the Constitutional Court

It is a document fixing the conclusions of the court on the results of resolving the issue at a meeting of the Plenum or the Chamber. The COP makes:

1. Decisions.
2. Definitions.
3. Conclusions
4. Solutions.

The latter are accepted on issues related to the organization of the COP.

Regulations

The purpose of constitutional proceedings is primarily to verify the compliance of normative acts with the provisions of the basic law. The decision is the final decision of the COP. This document resolves the case of compliance with the provisions of the Constitution:

1. Normative acts approved by the head of state, Government, Federation Council, State Duma, as well as the Federal Law.
2. The constitutions of the republics that are part of the Russian Federation, charters, laws and other legal documents of regional importance, published on issues related to the conduct of state structures and joint jurisdiction of the Russian Federation and its constituent entities.
3. International agreements that have not entered into force.
4. Agreements between state and regional authorities, as well as between the latter and local authorities.

The resolution also resolves a dispute on competence:

1. Between federal authorities.
2. Between regional and state bodies.
3. Between the highest institutions of power of the subjects.

In addition, the constitutional court bodies issue decisions based on the results of verification of compliance of a normative act to be applied or used in a specific dispute with the provisions of the main law.

Other acts

The conclusion is the final decision of the Constitutional Court regarding the request to comply with the established procedure for bringing charges to the President of high treason or the commission of another serious crime. All other acts, except those relating to the organization of work of the Court, are referred to as definitions. They are announced in the meeting room and recorded in the minutes, unless otherwise provided by law.

Nuance

A judge who does not agree with a decision in a case may state his opinion in writing. It will be attached to the materials and published together with the adopted act. A judge who remained in the minority during the vote on any of the issues or the reasoning for the ruling may also express a written disagreement with the majority. It will also be included in the materials and published in the official publication.

Execution of decisions

Conclusions and decisions of the Constitutional Court are published in official sources immediately. The publication of acts is carried out not only at the state, but also at the regional level. Any act of the Constitutional Court is final and not subject to appeal. Decisions come into force immediately upon adoption. The execution of the act is carried out after publication or delivery to the parties to the case, unless otherwise specified in it. The act of the Constitutional Court has a direct effect. For its implementation there is no need to provide confirmation from other officials and structures.

Legal force of acts

The decisions of the Constitutional Court on the recognition of normative acts as unconstitutional cannot be overcome by the repeated adoption of the same legal documents. In this case, legal provisions that are contrary to the basic law, lose their force. International agreements recognized as incompatible with the Constitution are not subject to entry into force and subsequent application. Decisions of the Constitutional Court are binding on all the territory of the Russian Federation for all judicial and executive bodies of state power, territorial self-government structures, institutions, organizations, enterprises, officials, as well as individuals and their associations. Decisions based on normative acts recognized as inconsistent with the provisions of the basic law are not subject to implementation. They should be reviewed in cases established by the Federal Law. Subjects who do not perform or improperly perform and impede the implementation of decisions of the Constitutional Court are held liable in the manner prescribed by law.