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Реферат Role of resolutions of the constitutional court of the Russian Federation in perfection of the federal Constitution

















Abstract workof resolutions of the constitutional court of the Russian Federation in perfection of the federal Constitution


Constitutions of the states regulate the most important public relations. The society is interested in stability of constitutions. In the opinion of N.V. Vitruk Stability of the constitution is shown in firmness of its instructions, in preservation of high degree of stability and dependence on influence of the political forces varying at power. As the constitution has deep influence on the whole public and legal order, the uncertainty of some norms can lead to instability in the society [1] .the same time, the constitution can not be constant. Attitudes to the constitution, to state and social order, presence of political forces can change. Constitutions have always undergone modifications, when there arose the transition from the authoritative political mode to the democratic and vice versa. K.V. Aranovskiy has noted that constitutions are usually established counting upon distant political prospects, not for one generation. Naturally, its authors can not expect all complexities with which their followers can face. Therefore in the constitutional structure there exist ... two elements, each of which carries out its own function, - the statistical part of the constitution and its dynamic component. In its statistical part the constitution is essentially constant. It allows constitution to remain the same, creates continuity and transfer of the constitutional system from generation to generation [2] .the world constitutional practice there exist both flexible raquo ;, and rigid constitutions that reflects a rather easy order of their changes or, on the contrary, complicated raquo ;. The Constitution of the Russian Federation by the way of modification relates to the category of super rigid: regulations of chapters 1, 2 and 9 can not be reconsidered by the Federal Assembly, and amendments to chapters 3-8 of the Constitution are admitted in the order stipulated for adoption of the Federal Constitutional Law, and come into force in no event after its approval by the organs of the legislative power by not less than two thirds of the subjects of the Russian Federation.Constitution of the Russian Federation of +1993 has undergone no changes. The twelve-year term of existence of the new Russian Constitution does not yet allow to make the universal conclusion about its value in the life of the society, to estimate correctly its weak and strong sides. But even now it is possible to say, that it has greatly outstripped the current legislation and has not exhausted the potential. The Federal Constitutional Law About the Supreme Court of the Russian Federation has not been adopted yet, and, hence, the judicial reform has not been finished. Since July, +2002 in the country the rules of the habeas case have been operating. The Federal Constitutional Law about the Constitutional Assembly has not been adopted, therefore it is impossible to estimate the democratism of the established way of revision of the Constitution. But it does not mean, that the Constitution of the Russian Federation has not developed within the last decade. It has been improved, first of all, by adoption of the resolutions of the Constitutional Court of the Russian Federation in which the constitutional norms have been exposed to interpretation, have been interpreted on account of the conventional principles and norms of international law. Constant regeneration of the Constitution in new public conditions is taking place. Chairman of the Supreme Court of the United States of America John Marshall spoke about the opportunity of such process specifying that: we interpret the constitution which will exist for centuries and which should be adapted to various forms of human activity [3] .to well-known American jurist L. Fridmen only the naive trust, that the Supreme Court of the USA only interprets the text of the Constitution, that is examinees, what it means or what contents it contains. The court goes further than simple interpretation - it invents and expands the constitutional doctrine [4] .constitutional courts make various decisions: about interpretation of the constitution, about recognition of statutory acts or their parts corresponding or not corresponding to the constitution, on results of consideration of disputes on the competence between the organs of the government, etc. However, the greatest influence on development of the constitution is rendered by resolutions of the court about interpretation of the constitution. Without interpretation by the court of separate regulations of the constitution their application becomes impossible as the uncertainty in their understanding arises.example can serve the Resolution...


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