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Реферат About problems of interaction of bodies of constitutional justice and local self-management in the subjects of the Russian Federation





udicial proceeding is comprised in the general system of justice. The resolution of the Constitutional Court of Russia from June 16, 1998 on the case about interpretation of the separate positions of Articles 125, 126, 127 of the Constitution of the Russian Federation directly specifies that the Constitutional Court shall be the special body of the justice [5]. It shall be special by virtue of its competence realized in specific form of justice - constitutional proceedings. The main features of the special form are the number of subjects of control and initiators of consideration of cases, and connected with them procedures and legal consequences of decisions made.to the Federal constitutional law from December 31, 1996. About the judicial system of the Russian Federation [6] the constitutional (charter) courts are included in the uniform judicial system of the country and hereunder present the judicial branch of the state power at the level of the subject of the Federation. Decisions made within their authorities, are obligatory for all bodies of public authorities, physical and legal persons and are subjected to absolute execution on the entire territory of the Russian Federation.of organization of regional constitutional (charter) justice are included in some decisions of the Constitutional Court of the Russian Federation, and we can specify the following: the Definition of the Constitutional Court of the RF from 02.02.2006 37-O At the request of the Constitutional Court of the Republic Karelia about the verification of constitutionality of the position of Paragraph Six item 1 Article 4 of the Law of the Russian Federation About status of judges in the Russian Federation [7], the Definition of the Constitutional Court of the RF from 27.12.2005 No. 491-O At the request of Sankt-Petersburg city court about the verification of constitutionality of separate positions of the Federal constitutional law About judicial system of the Russian Federation raquo ;, the Law of the Russian Federation About status of judges in the Russian Federation and Federal law About bodies of judge s community in the Russian Federation [8] and etc., in our opinion, it is lawful to use the term constitutional justice referring to activity of judicial bodies of the constitutional control of the subjects of the Federation on legal control of the constitution.of the constitutional justice is constitutional control realized verification of statutory acts controlling on their correspondence to the Constitutions. Thus, constitutional justice, realizing legal protection of the Constitution, stand above other bodies of state authority allocated with certain authorities on realization of the constitutional control since for some bodies the main function is law created and law created activity and the constitutional control is the only additional function., exactly judicial constitutional control installs for other body of the constitutional control (bodies of the state power, public prosecutor s offices, and court of general jurisdiction) criteria of estimation of constitutionality since legal positions of the constitutional (charter) courts are obligatory for all. Therefore, we should agree with the opinion of Yu. Yudin, who notes that exactly judicial constitutional control (constitutional justice), instead of constitutional control in its broad sense is more and more recognized in legal literature main, determining element of the mechanism of legal protection of the Constitution [9] .Constitutional justice in Russia makes significant contribution in the development of federalism, maintenance of supremacy of both federal Constitution, and constitutions (charters), adopted by the subjects of the Russian Federation, strengthening of unity of legal space, protection of rights and legal interests of the personality, as well as improvement of realization of the mechanism of checks and balances raquo ;, when the judicial power is capable to influence decisions and actions of the legislative and executive powers, balancing them. Realization of activity of regional justice is based on legislatively fixed authority and in accordance with the competence of constitutional (charter) courts. (Charter) courts being bodies of the state power of the subjects of the Russian Federation have all preconditions to close interaction with local level of organization of public power on broad spectrum of questions. Federal legislation does not contain legal regulation of questions on interaction of bodies of constitutional justice and local self management therefore the rules of such interaction should be clearly regulated by the legislation of the subjects of the Russian Federation.object of checking by the constitutional (charter) courts of the subjects of the Russian Federation on constitutionality (charter) are acts on bodies of self management. Legislative formulas have general character. The most wide-spread...


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