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Реферат Practice of consideration of cases on protection of rights and freedoms of the citizens by the bodies of constitutional justice of the Russian Federation





ederation, is in rendering the direct influence upon adduction in correspondence of the working legislation of the Constitution of the Russian Federation, hereunder, harmonizing and stimulating renovation of the statutory legal base of the Russian justice for the purpose of making necessary conditions for observance and protection of the whole complex of the constitutional rights and freedoms of a person and a citizen.role of the constitutional (authorized) courts of the subjects of the RF is in rendering the influence upon adduction in correspondence of the legislation of the subjects of the RF and statutory legal acts of the bodies of local self management to the Constitution (Charter) of the subject of the RF and decisions of the Constitutional Court of the Russian Federation..V. Baglay taking part in the solemn meeting on the occasion of the 10th anniversary of the Constitutional Court of the Russian Federation which took place on November +2001 in the city of Moscow stated: For the period of 10 years the Court considered over 3 thousand applications, adopted about two hundred resolutions, a thousand of definitions on complaints of the citizens, directed to protection of their constitutional rights and freedoms. It means that there have been protected rights of thousands of the citizens. Since the Constitutional Court, judges not only people, but laws, as well, which spread over the entire territory of the Russian Federation and on all the citizens of the Russian Federation or its subject., The Court has taken over 30 resolutions, by which has confirmed and hereunder has increased many of the democratic guarantees of rights of the citizens in criminal processes, avoiding herewith all hidden obstacles at realization of the most important constitutional right - the right to remedy to justice The Court has firmly asserted the right of the citizens on private property and free business activity, seeing in this bases of development of market economy in the country. Protecting labor and social rights, the Court came from the constitutional position and social nature of our state [5] .to item b Part 1 Article 72 of the Constitution of the RF, the subjects of the Federation are authorized to take norms, protecting rights and freedoms of a person and a citizen. However the subjects of the Federations are deprived of the right to regulate independently cases in connection with encroachment on the main rights, since this question, according to item c Article 71 of the Constitution of the RF, is referred to exclusive competence of the Federation.of rights and freedoms of a person and a citizen forms the joint subject of the constitutional and legislative that is statutory-legal regulation. In conditions of federative structure of Russia, dualism of public authority s formation and protection of rights and freedoms is realized at two levels of state authorities: by the Federation, and by its subjects. the opinion of V.A. Kryazhkov [6], competence of the constitutional (authorized) courts forms out of several elements: one of them is authorities, according to which constitutional (authorized) courts at complaints on violation of constitutional rights and freedoms of the citizens and at requests of courts verify constitutionality of acts, applied or subjected to application in the concrete case, including: laws and other statutory acts of the subjects of the Federations (Adygeya, Kabardin-Balkar, Marie El, Northern Osetiya-Alaniya); laws of the subject of the Federations (Dagestan, Northern Osetiya-Alaniya, Udmurtiya, Khakasiya, Sakha (Yakutiya); laws of statutory acts of bodies of state authorities and bodies of local self management (Buryatiya, Komi) .to MA Mityukov, AM Barnashov [7], there has already formed the determined practice of consideration by the constitutional (authorized) courts of cases about the verification of constitutionality of laws on complaints of the citizens and at requests of courts. From 1994 till +1998 the constitutional courts of Bashkortostan , Buryatiya, Dagestan, Kareliya, Komi, Sakha (Yakutiya), and Authorized Court of Sverdlovsk region considered more than thirty cases of this category. Nearly half of the decisions, taken by the constitutional authorized court, contain conclusions about unconstitutionality of the appealed laws and other statutory acts of the subjects of the Russian Federation, by which there were violated electoral, labor rights of the citizens, rights to private property, social maintenance, taxation and others, guaranteed by the Constitution of the RF and constitutions (charters) of the subjects of the RF.the examples brought below we can see how efficient is the role of the constitutional (authorized) courts in protection of rights and freedoms of a person and a citizen at consideration of the cases on complaints and requests of courts.instance , the Constitutional Court of the Republic Kareliya considered the request of Petrozavodsk town...


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