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Реферат About problems of interaction of bodies of constitutional justice and local self-management in the subjects of the Russian Federation















Abstract workPROBLEMS OF INTERACTION OF BODIES OF CONSTITUTIONAL JUSTICE AND LOCAL SELF-MANAGEMENT IN THE SUBJECTS OF THE RUSSIAN FEDERATION



In world practice constitutional control is actually a develop institute with nearly bicentennial history. In this or that form it is presented and successfully functions in the majority of democratic states. Quite different situation has developed in our country, as for many years constitutional control was not spared due attention. This is not accidentally. In conditions of socialism, particularly during the period of the cult of personality and hard party control, under which legality was seriously violated, there existed significant detours from democracy, the role of people s representation was reduced, and acted in the country administrative-command system and constitutional control were incompatible.in 1985s in Russia there began global reforms, directed to takedown of the soviet system, there has arisen such important question as improvement of legal protection of the fundamental law as one of the most important conditions of creation of democratic , legal, federative state, founded on the principle of division of the powers. The central place here was given to the constitutional control.has developed historically that Russia did not have any experience of organization of such activity. For reception of the required model of the constitutional control and its further adaptation to the conditions of the Russian Federation there has been chosen the so-called European (Kelzen, Austrian) model which supposed institution of specialized judicial body of constitutional control.in the Constitution of the Russian Federation of тисячі дев'ятсот дев'яносто три principles of federalism and division of the powers, recognition for the subjects of the Federation of the right to have their own constitutions (charters) and legislation, to install the own system of bodies of the government, the possibility to play the active role in protection of rights of a person and a citizen, has become the further stimulus for development of constitutional proceedings in Russia. The federal level of the constitutional judicial control has already been successfully presented for already 15 years by the Constitutional Court of the Russian Federation. At the level of the subjects of the Russian Federation there act 13 Constitutional courts act in republic (Adygea, Bashkortostan, Buryatia, Dagestan, Kabardin-Balkar, Karelia, Komi, Marie El, North Ossetia-Alania, Yakutia (Sakha), Tartarstan, Tyva, Chechen Republic), as well as 3 charter courts in Kaliningrad, Sverdlovsk regions and in the city of Saint Petersburg.spite of the fact that the main laws of 39 subjects of the Federation provide creation of the constitutional (charter) courts [1 ], the process of formation of regional constitutional justice goes slowly with certain difficulty, connected with unwillingness of authorized structures of a number of regions to install optional raquo ;, in their opinion, checking body. Deceleration pace of development of regional constitutional justice generates doubt on the part of some scientists in viability of the models of constitutional proceedings in the subjects of the Federation [2] .even not very big experience, accumulated by some subjects of the Federation in the sphere of organizations of activity of the constitutional justice, requires serious scientific analysis and comprehension.referring to features of judicial constitutional control there has been more broadly used the notion constitutional justice raquo ;, which is defined by scientists [3] as activity of judicial bodies , meaning consideration of cases, whose subjects are constitutional-legal questions, connected with maintenance of observance of the constitution by state authorities and in decision making on them, bringing to legal consequences. Moreover constitutional justice comprises main features of justice typical for all courts (realization of justice on behalf of the state; realization of judicial activity solely on courts; realization of justice by methods, determined in the law; publicity of judicial proceedings; collegiate at consideration of cases; application in necessary events measures of state enforcement). The given list includes such features, as: independent procedural form of realization of constitutional justice; validity of decisions of the constitutional court, leveled to legal validity of the constitution; special system of legislation, regulating constitutional justice [4] .of justice is the main, most important function of the judicial power. The Constitution of Russia (Part 2 Article 118) fixes that judicial power is realized by means of constitutional, civil, administrative and criminal proceedings. Thereby, constitutional j...


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