Abstract worknecessity of further formation of the constitutional courts and ways of perfection of legal proceeding
bodies of the constitutional justice begin to play the greater role in strengthening of the constitutional legality. Speaking about the federative state, it is necessary to mean the role of not only federal Constitutional Court but of the bodies of the constitutional justice created in the subjects of the federation. Their value in strengthening of the constitutional legality, protection of rights and freedoms has repeatedly been mentioned both by specialists and political figures. President of the Russian Federation V.V. Putin three years ago in the city of Rostov-on-Don at the conference in the South federal district specified on the necessity to lean in the work on the regional constitutional courts. different publications and speeches of many specialists there have been mentioned persuasive arguments for the benefit of formation of these bodies of justice. Let s show the most convincing of them. , It is possible to apply for the status of state legal unit at presence of the valuable state power. Its absence gives grounds to foreign specialists and politicians to reproach Russia in absence of veritable federalism and lack of development of the system of bodies of government, called to protect rights and freedoms. , For the protection of the constitution (charter), strengthening of the constitutional legality, protection of the constitutional rights and freedoms, formation of the specialized institute of judicial power is necessary. , The heads of the subjects of the Federation, at the absence of the specified bodies of judicial power are deprived of the lever of legal influence with the help of which they can effectively decide allocated on them by the constitution (charter) tasks on protection of the Fundamental law, rights and freedoms of a person and a citizen. , The subjects of the Russian Federation, voluntarily renouncing the powers given by the federal constitutional law, allowing them to have the valuable system of the government in accordance with bases of constitutional system of the Russian Federation, limit their possibilities to settle independently legal collisions and conflicts. According to President of the Russian Federation VV Putin, it can be done solely by legal facilities and in the legal form. Instead in such subjects the citizens and their associations, bodies of regional state and local power, for settling disputes under jurisdictions of the constitutional (charter) courts will apply to different political forces, thus forcing social and political situation in the society, or will apply to the federal bodies of power, including the Constitutional Court of the Russian Federation, considerably multiplying the volume of their work. Thus, absence of the possibility to remove all contradictions and blanks in issued laws and statutory legal acts at the place of residence and the necessity in each case to apply in the federal bodies of power for the verification of their legality will finally lead to forming of negative image of the subject of the Federation. the actual task is the task of perfection of the legal regulation of activity of the constitutional (charter) courts, their mutual relations, with other courts including the status of judges. in differentiating of the powers between the constitutional (charter) courts and courts of general jurisdiction in questions of disputing statutory legal acts, imperfection of the legal regulation in deciding questions on co-operation of the given courts, the status of judges of the constitutional ( charter) courts, of guarantees of their independence and safety resulted in the following: in the subjects of the Russian Federation there act statutory legal acts, limiting the guarantees of the status of judges of constitutional (charter) courts. There do not exist uniform norms of material and technical, financial and skilled support of activity of the specified judges. Numerous federal statutory acts, concerning the questions of organization and activity of courts and status of judges in the Russian Federation, quite often eliminate constitutional (charter) courts from the field of legal regulation. In fact it results in substantial collisions and contradictions. particular, the legislation of practically all subjects of the Russian Federation in which constitutional (charter) courts function, provides the right of all other courts to apply with request to the constitutional (charter) court about correspondence of the statutory legal act of subject to the constitution (charter) of the subject of the Russian Federation. Thus, Article 215 of the Procedural Code of the Russian Federation does not stipulate the duty of the court to stay proceedings on the case a...
