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Реферат Norms of the international law in courts of the Constitutional justice of the subjects of the Russian Federation


















NORMS OF THE INTERNATIONAL LAW IN COURTS OF THE CONSTITUTIONAL JUSTICE OF THE SUBJECTS OF THE RUSSIAN FEDERATION



In accordance with Part 4 Article 15 and Part Article 17 of the Constitution of the Russian Federation the conventional principles and norms of the international law and the international contracts are the component of its legal system, and rights and freedoms of a person and a citizen are guaranteed according to the conventional principles and norms of the international law.the specified constitutional norms there exists the mechanism, allowing to enter into domestic legal system the conventional principles and norms of the international law, and the norms of the international contracts of the Russian Federation.similar norms are stipulated in many a number of the constitutions (charters) of the subjects of the Russian Federation. It conditions their application in activity of the organs of the regional constitutional justice. constituent documents of the subjects of the Russian Federation in which the constitutional (authorized) courts act, the later are allocated with the similar powers on the sanction of cases about conformity to the constitutions (charters) of the subjects admitted by their organs of the government of laws, other statutory legal acts and statutory legal acts of the organs of local management. However, the practice of the separate constitutional (charter) courts distributes the verification of statutory acts not only on their conformity to the constitutions (charters) of the subjects of the Russian Federation, but to the Constitution of the Russian Federation and the norms of the international law. circumstance, in particular, has been precisely designated by the Constitutional Court of Republic of Karelia on the case about the verification on conformity to the Constitution of Republic of Karelia of some regulations of Article 20 of the Law of Republic of Karelia About republican taxes (rates of taxes) and collecting to the territory of Republic of Karelia in the Resolution from May 8th, +2001 has also specified, that in accordance with Articles 2, 5, 8, 16, 19 of the Constitution of Republic of Karelia republican laws on taxes should not contradict the regulations of the Constitution of the Russian Federation and federal laws, the Constitution of Republic of Karelia, the conventional principles and norms of the international law, to limit freedom of economic activity in the sphere of business, and should be obliged to provide equal conditions of legal protection for all businessmen in Republic of Karelia .question of application of the conventional principles and norms of the international law and international contracts in activity of the Constitutional Court of the Russian Federation has repeatedly been the subject of research and is already covered widely enough.of the Constitutional Court of the Russian Federation VD Zorkin has made the conclusion that application of the norms of the international law, especially of the norms of the European convention on protection of human rights and the fundamental freedoms by the Constitutional Court of the Russian Federation, plays the important role in development and strengthening of the Russian law as a component of the uniform European legal field. As the national judicial organ of the constitutional control the Constitutional Court of the Russian Federation focuses the development of the Russian legal system, its lawmaking and legal activity as a whole in direction of conformity to modern understanding of rights and freedoms of a person and a citizen stipulated in the European convention on protection of human rights and fundamental freedoms.is necessary to note, that the same value for modern understanding of the protected rights and freedoms, for maintenance of guarantees of constitutional rights and freedoms in accordance with international legal standards on the territory of the separate subjects of the Russian Federation has the activity of the constitutional (charter) courts of the Russian Federation. the international conference Human rights and the constitutional (charter) legal proceedings in the subjects of the Russian Federation raquo ;, held on15th - 16th December, 2003 in Saint Petersburg, MA Mityukov for the first time has in detail covered the question of application of the conventional principles and norms of the international law in practice of these courts. The data given at the conference made by October +2002, have been put by the speaker into the basis of the subsequent statistical and analytical research of decisions of the regional organs of the constitutional judicial control. In total till September 2005 in 70 decisions (in 63 resolutions and 7 definitions) in the fifteen working regional constitutional (c...


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