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Реферат About development of legal fundamentals of the constitutional justice in the subjects of the Russian Federation





ussian Federation has specified that:

The cases related by the Constitution of the Russian Federation, federal constitutional and federal laws to the competence of the Constitutional Court of the Russian Federation, courts of general jurisdiction and arbitration courts, constitutional (charter) courts of the subjects of the Russian Federation as the courts comprising the judicial system of the Russian Federation, are not in their competence. Granting of powers outside of the specified limits does not contradict the Constitution of the Russian Federation if the given powers correspond to the legal nature and applicability of the given courts as the judicial organs of the constitutional (charter) control and concern the questions relating to conducting of the subjects of the Russian Federation by virtue of Article 73 of the Constitution of the Russian Federation;

The list of the questions for consideration of which the subjects of the Russian Federation can create the constitutional (charter) courts, must not be counted exhaustive;

Part 1 Article 27 of the Federal Constitutional Law About the judicial system of the Russian Federation does not interfere with the stipulation in the constitutions (charters) of the subjects of the Russian Federation of additional, in comparison with the established list, powers of the constitutional (charter) courts not interfering with the competence of the Constitutional Court of the Russian Federation , other federal courts and correspond to the competence of the subject of the Russian Federation;

Thus, the Constitution of the Russian Federation and the Federal Constitutional Law About the judicial system of the Russian Federation and other federal laws does not proceed the requirement of establishing by the constitutions (charters) of the subjects of the Russian Federation of the uniform list of the powers of the constitutional (charter) courts of the subjects of the Russian Federation.developed in conditions of the Russian federalism system of organization of the power in the subjects of the Federation objectively dictates the necessity of formation of the regional constitutional justice. Its activity in combination with the federal Constitutional Court and within the framework of the uniform legal space, - should provide strengthening of the constitutional legality in the state, protection of the constitutional system of the Russian Federation and its subjects., Still in the country insufficient attention is paid to the activity of the constitutional (charter) courts of the subjects of the Russian Federation though in the fifteen regions these structures already work, and in a number of them it has been working for 10 years already.that the further development of the judicial constitutional control in Republic of Buryatiya and other subjects of the Russian Federation is possible only at perfection of the federal legal base on organization and activity of the constitutional (charter) courts of the subjects of the Russian Federation, the Judges of the Constitutional Court of Republic of Buryatiya and other subjects of the Russian Federation in their speeches at scientific-practical conferences held by the Constitutional Court of the Russian Federation, organs of legislative and executive power of the Russian Federation, in their scientific-journalistic articles have repeatedly spoken about the existing problems of formation and operating of the constitutional (charter) courts of the subjects of the Russian Federation, the organs of the constitutional justice have offered concrete bills on entry of changes and additions in the corresponding federal laws.is necessary to note, that many offers on perfection of the federal legislation on the constitutional and charter courts have been adopted by the federal organs of the executive and legislative powers. In the Federal Constitutional Law About the judicial system of the Russian Federation raquo ;, the Federal Law About organs of judicial community in the Russian Federation and the Law of the Russian Federation About the status of Judges in the Russian Federation the regulation of the federal legislation on the constitutional and charter courts of the subjects of the Russian Federation have been in part updated in accordance with the offers.Federal Constitutional Law About the judicial system of the Russian Federation in the new wording provides, that the order of allocating with powers of chairmen, deputy chairmen, and other judges of the constitutional (charter) courts of the subjects of the Russian Federation shall be established by the federal laws and the laws of the subjects of the Russian Federation (Part 4 Article 13). Besides it stipulates common for all the courts order of selection of candidates realized on the competitive basis (Part 5 Article 13) .significant additions were brought o...


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