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Реферат Norms of the international law in courts of the Constitutional justice of the subjects of the Russian Federation





harter) courts there are references to the conventional principles and norms of the international law and international contracts.dynamics of the given decisions are the following: in +1997 in the courts of regional constitutional justice 4 decisions contain references to the norms of the international law; in 1998 - 4; in 1999 - 7; in 2000 - 8; in 2001 - 4; in 2002 - 13; in 2003 - 14; in +2004 - 10; for 8 months of 2005 - 6.removal of judgements their additional substantiation by the norms of the international law has essential value as a kind of formation of the legal position of the case considered. conclusion is proved by the concrete examples from judiciary practice. , At removal of the Resolution of the Constitutional Court of Republic of Karelia from September 15th, +2005 on the case about the verification on conformity to the Constitution of Republic of Karelia of the separate regulations of item 3 Article 6 of the Law of Republic of Karelia About education the court grounded on the duty of the subject of the Russian Federation at the level to take measures to performance of the international obligations of the Russian Federation. , The court has analyzed the regulations of the International pact on economic, social and cultural rights of тисячі дев'ятсот шістьдесят-шість according to which the states participating in the pact, shall recognize the right of each person to the sufficient standard of life for him and his family, to continuous improvement of conditions of life; the right of each person to education; shall recognize, that for full realization of the given right there should actively be developed the network of schools of all levels, should constantly be improved material conditions of the teaching personnel (item 1 Article 11, item 1 and sub-item E item 2 Article 13) .the legal situation developed in the republic, the court has come to the conclusion, that the regional legal regulation on granting the privilege on payment of dwelling and municipal services to pedagogical workers in the countryside has lowered the level of the earlier achieved guarantees for the given category of the citizens. Since 1930s, the teachers working and residing in the countryside used dwelling and municipal services free-of-charge. In the process of realization of a new federal social policy, at differentiation of the powers between the Russian Federation and its subjects on maintenance of measures of social support by the Federal Law No. 122 from August 22nd, +2004 financial maintenance and determination of the order of granting of the given measure of social support is transferred to the subjects. The legislator of Republic of Karelia in the disputed norm of the Law About education has admitted the opportunity of payment for dwelling and municipal services for the specified category of the citizens.Constitutional Court of Republic of Karelia has reflected in the decision, that the considered legal instruction does not only contradict the norms of the Constitution of Republic of Karelia, but also supposes downturn of the guarantees stipulated by the international law, does not coordinate with the above-stated international pact, supposes the opportunity of deterioration of the legal status of the pedagogical workers, can affect the employment of the pedagogical workers in the countryside and , accordingly, shall entail infringement of the constitutional law on general availability of education.the given example it follows, that the Constitution of Republic of Karelia and the international law to the same extent have protected the violated right of the citizens of the Russian Federation residing on the territory of the republic. However, the applied on the case for the sanction of the dispute the constitutional norms have more general character: they proclaim the supremacy of the law of the republic, inadmissibility of the contradiction of laws and other legal acts adopted in Republic of Karelia, to the Constitution of the Russian Federation, federal laws and to the Constitution of Republic of Karelia; prevent from restriction of rights and freedoms of a person and a citizen (except for restriction of the given rights by the federal law); guarantee equality of the rights of the citizens. Only due to more concrete norms of the International Pact on economic, social and cultural rights of 1966, not admitting decrease in already achieved level of the social protection, specially protecting rights of the pedagogical workers for the purpose of protection of the right of each person to education, there has become possible not simply positive, but the motivated sanction of the constitutional dispute.vivid example of implementation of the international legal norm into the Russian legal system at the level of its subject has become the case about the verification on conformity to the Constitution of Republic of Karelia of the separate regulations of the Law of Republic of Karelia...


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