Constitutional (charter) courts of the constituent entities of the Russian Federation. The order of formation, authority

The constitutional statutory courts of the constituent entities of the Russian Federation are a link between federal and local judicial authorities. The powers, functions and responsibilities of officials are similar to all representatives of this branch of government, however, there are cardinal differences, which will be discussed later.

Normative regulation: general characteristic of judicial activity

A simple layman can hardly understand such expressions as “statutory judge”, “constitutional court of the republic” and so on. Persons who have faced the study of this topic in theory and in practice will be able to identify the above concepts, but the majority of the country's population does not know what is at stake.

The Constitution of Russia does not provide a rule expressly indicating the possibility of creating constitutional constitutional courts of the constituent entities of the Russian Federation. Moreover, the legislator in Art. 10 and 77 of the same regulatory act provides the opportunity for regional authorities to create courts of entities vested with constitutional powers. In Art. 27 of the Federal Law “On the Judicial System”, this norm was specified.

Development of the institution of regional courts

Currently, the constitutional statutory courts of the constituent entities of the Russian Federation are formed in most of the regions of the Russian state.

56 entities can boast of their own constitutions and charters, that is, the highest laws of the region. In turn, 22 territorial entities have adopted laws that define and consolidate the activities of the formed bodies. And only in 18 subjects are decisions of the constitutional statutory courts of the constituent entities of the Russian Federation currently in force. Among the first followers of the development of the regional judicial system: the Republic of Adygea, St. Petersburg, Dagestan, the Chechen Republic , Sverdlovsk Region and so on.

During the functioning of these judicial bodies, a huge number of decisions, determinations and decisions were issued, including those that recognized regional acts as illegal or invalid.

Relationship with the judiciary: goals, objectives, features

The regional and city courts to one extent or another interact with both world-class links and the federal system.

The statutory courts are called upon to solve common tasks related to bringing legislation into perfect condition. The activities of these bodies are aimed at strengthening the rule of law, as well as protecting the state and public life. Moreover, the constitutional statutory courts of the constituent entities carry out the most important supervisory function, which acts as an engine for the prevention of offenses in various areas of society — the function of judicial control.

Despite the intermediate position of the judicial system, the bodies in question have the independence that the legislator has endowed them. Not a single body, even a higher one, can cancel acts of the authorized courts, including the Constitutional Court of Russia. Despite the current norm, in some regions it is possible to review decisions at the federal level. This feature provides the Moscow Statutory Court.

Such decisions of the legislator are determined by the exclusive competence of each body. So, the city court makes decisions based solely on the Charter or the Constitution of the relevant subject, without taking into account the effect of other regulations.

Formation of regional-level constitutional courts

Part 4 of Art. 13 Federal Law “On the Judicial System”. This rule secures the powers of the presidents of courts, their deputies, as well as other officials involved in the administration of justice. Other normative legal and regulatory acts play a significant role in determining the legal status of judges.

As the experience of many regions shows, judges of the constitutional court of a constituent entity of the Russian Federation are elected at meetings of the highest representative bodies. An exception to the general rule is the Republic of Dagestan, where officials are appointed by the National Assembly.

Candidates for the position: general description

All branches of government participate in the election of senior officials of the regional judicial authority. So, in some territorial districts, candidates are submitted for consideration by parliament or another legislative body. In other entities, for example, in Komi, a proposal to appoint a constitutional judge is made by the president himself (the head of the entity).

There is no detailed regulation of the appointment process. However, some normative acts still determine the procedure and terms for consideration of candidates of statutory judges. In some regions, for example, in Kabardino-Balkaria, the need for preliminary hearings and discussions of the person by the standing committees of the legislative bodies of power is indicated. In other entities, emphasis is placed on holding voting on time, for example, in Dagestan - no later than 2 months.

Terms of appointment

The complexity of the legal regulation of the formation of courts of entities lies in the fact that this procedure is carried out in accordance with local legislation. At the federal level, it is impossible to establish a unified procedure for appointment to a post, since each of the peoples reflects in its legislation the features of historical and cultural development that are significantly different from each other.

In general terms, the appointment procedure is as follows:

1. From among the nominated candidates by secret ballot, the one who, according to the majority, is ideally suited for the position, is elected.
2. The person who is voted for by the relative majority is considered elected. The percentage does not matter.

There is no single term for filling a post. In Buryatia and Karelia, it is not limited, but in Dagestan it is determined by a ten-year term for filling a post, in Adygea it is determined 12 years.

The chairmen of the courts are elected to the post, as a rule, from the total number of judges, only the method of carrying out this procedure differs. The leading one can be appointed both by voting of the judges themselves (Sverdlovsk Statutory Court), and by the intervention of the regional parliament in this process.

About competence, authority

The direct significance in determining the powers of statutory judges is still stipulated in the Federal Law “On the Judicial System”, namely, in Art. 27. This norm defines the subject matter of the judicial authorities at the regional level. So, constitutional judges are authorized to resolve issues related to the conformity of any normative acts with the constitution or the charter of the subject. Another area of ​​activity is the interpretation of the main law of the subject.

Along with the foregoing, the constitutional constitutional courts of the subjects may be vested with additional powers, for example:

1. Checking the legality of acts of non-normative value.
2. Examine complaints regarding violations of rights and freedoms.
3. Check the order and legality of the results of the referendum.
4. Provide an interpretation of other laws of the subject.
   

Judicial Proceedings: General Provisions

The procedure of constitutional proceedings is not particularly different in different territorial entities. So, the primary stage is the presence of reasons and grounds for starting procedural activities. Further, judges and other officials verify the grounds that may serve as an excuse to suspend or terminate legal proceedings.

Particular importance is given to the material part of the legal proceedings: clarification of the legal status of the participants in the process, determination of the time for consideration of the application, resolution of the issue, establishment of procedural rules governing the procedure for going to court and so on. As a rule, the judicial process coincides with the federal judicial authorities. A striking example of a typical procedure is the statutory court of St. Petersburg.

Additional right of appeal

In many regions, the right of special treatment has been established for the following categories of officials:

1. People’s Deputies.
2. Prosecutors.
3. Public organizations of the republican level.
4. Permanent commissions of the parliament of the subject.
5. Members of the representative body.
6. Representatives of local authorities.
7. Political parties of the republic.

The empowerment of the above-mentioned officials with special rights is necessary in order to protect the rights and freedoms of not one person, but large masses of people.

The inevitability of judicial acts

Any judicial activity is limited by the relevant subject matter. However, there are exceptions to any rule. For example, in Yakutia, a judge has the power to determine the legality of not only the contested normative act, but also all those documents that are based on it or duplicate its provisions. Some of the judges have the right to interpret the decisions, decisions, rulings.

Most regions define a ban on appealing court decisions. At the same time, the taboo applies both to the highest judicial authorities, including the Constitutional Court, and to bodies of other jurisdictions and competencies.

Rights and competencies of statutory judges

The legal status of regional judges is made up of general powers, duties and competencies, which are determined by federal and regional legislation. So, statutory judges perform the following functions:

1. Check judicial practice in comparison with the Constitution or the Charter adopted in a particular region.
2. They are involved in resolving cases concerning constitutional norms that violate the rights and freedoms of citizens. Of course, these powers extend exclusively to the territory of a particular subject.
3. They justify the norms of the Constitution of the region.
4. Take part in the resignation of the head of the subject.
5. They have priority right to appeal to government bodies.
6. Persons exercising constitutional justice shall have the right of legislative initiative.
7. The fate of political parties is determined if their activity is contrary to the main laws of the subject.

At this stage, the powers of the constitutional judges of the region are not limited. Each subject is individual and determines the legal status of the court, depending on national and cultural historical development. In any case, the formation of the above-mentioned bodies in each region is a powerful impetus to the formation of civil society and the rule of law.