Abstract workDEVELOPMENT OF LEGAL FUNDAMENTALS OF THE CONSTITUTIONAL JUSTICE IN THE SUBJECTS OF THE RUSSIAN FEDERATION
The first steps promoting creation of the judicial organs of the constitutional control in the subjects of the Russian Federation, have become the Concept of the judicial reform in the Russian Federation, adopted by the Resolution of the Supreme Soviet of RSFSR from October 24th, 1991 [1] and the Federal contract about differentiation of subjects of conducting and powers between the federal organs of the government of the Russian Federation and the organs of power of the sovereign republics of the Russian Federation from March 31st, 1992. According to the Federal Contract the control over observance of the Fundamental Laws of the subject relates to the exclusive competence of the subject. Therefore the subjects of the Russian Federation had the right to establish independently organizational-legal forms of realization of this control before adoption of the corresponding federal act.1991 the Constitutional Court was created in Dagestan, in 1992 - In Bashkortostan, Sakha (Yakutia) and Kabardin-Balkar Republic. After adoption of the Constitution of the Russian Federation in одна тисяча дев'ятсот дев'яносто три when there have been stipulated the principles of federalism, division of powers, the right of the subjects of the Russian Federation to have independent systems of the government and legislation, necessity of creation of legal mechanisms of protection of the Fundamental Laws of the subjects of the Federation - constitutions and charters - has become more evident. In a number of the subjects - not only in the republics - have appeared the judicial organs of the constitutional control.Constitution of the Russian Federation (Article 77) has given the subjects of the Federation the right to establish independently the system of the organs of the government, thus having specified, that it is necessary to carry out in accordance with the fundamentals of the constitutional system of the Russian Federation, established by the federal law. Concerning the courts of the subjects of the Russian Federation such principles are determined by the Federal constitutional law About the judicial system of the Russian Federation raquo ;, adopted in accordance with the Constitution (Part 2 Article 118). The given Law which has come into force on January 1st, 1997, has put an end to the existing disputes: whether the subjects of the Russian Federation can or can not create the constitutional (charter) courts. The uniform legal base for creation and activity of the organs of the constitutional control which were earlier created by the subjects of the Russian Federation independently, without legal grounds at the federal level has appeared.law has determined the place of the constitutional (charter) courts in judicial system of the Russian Federation and their major assignment. It is established (Article 4), that in the Russian Federation alongside with the federal courts including the Constitutional Court of the Russian Federation, courts of common jurisdiction, arbitration courts, there act the constitutional (charter) courts and justice of the peace of the subjects of the Russian Federation, making the judicial system of the Russian Federation.major purpose for creation of the constitutional (charter) courts is designated in Part 1 Article 27 of the Federal Constitutional Law About the judicial system of the Russian Federation raquo ;, establishing, that the constitutional (charter) court of the subject of the Russian Federation can be created for consideration of the questions of conformity of laws, statutory legal acts of the organs of the government, organs of local self management of the subject of the Russian Federation to the constitution (charter), and for interpretation of the constitution (charter) of the subject of the Russian Federation. This norm for a long time has caused the discussion: whether the constitutional (charter) court of the subject of the Russian Federation shall have the right to consider other questions in his competence given to him by the constitution (charter) of the subject of the Russian Federation, or his powers shall be limited by the tasks named by the Federal Constitutional Law.of the Constitutional Court of the Russian Federation from March 6th, 2003 on requests of the State Assembly of Republic of Bashkortostan and the State Council of Republic of Tatarstan about the verification of constitutionality of Part 1 Article 27 of the Federal Constitutional Law About the judicial system of the Russian Federation [2] has put an end to the continuous disputes on the competence of the constitutional (charter) courts of the subjects of the Russian Federation. The Constitutional Court of the R...
