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Реферат The necessity of further formation of the constitutional courts and ways of perfection of legal proceeding





nd Article 215 of the Procedural Code of the Russian Federation does not stipulate the terms of stay of proceedings. Moreover, the Procedural Code of the Russian Federation does not stipulate even the right of the court to stay the proceedings on the given ground (Article 216 of the Procedural Code of the Russian Federation). Actually the court of general jurisdiction, after application to the constitutional (charter) court continues proceeding and makes the decision on the ground of the law of the subject of the Russian Federation which afterwards can be recognized unconstitutional. In this case, on fully clear reasons, the decision of the court must be revised. We shall ask: whether it is reasonable to continue the proceedings on the case if the court of general jurisdiction can not make legal judgement before the decision-making by the constitutional (charter) court? think the decision of the problem lies in addition of Article 215 of the Procedural Code of the Russian Federation with one more ground at presence of which the court should be obliged to stay proceedings of the case: applications of the court in the constitutional (charter) court of the subject of the Russian Federation at request concerning the correspondence of the law, subjected to application, to the constitution (charter) of the subject of the Russian Federation. As a result, it is necessary to set the term of stay of proceedings of the case at presence of the offered ground - till making of the corresponding decision by the constitutional (charter) court of the subject of the Russian Federation - that also requires bringing of the addition in Article 217 of the Procedural Code of the Russian Federation. serious contradictions can arise at disputing of legality of one and the same statutory legal act of the subject of the Russian Federation simultaneously in the constitutional (charter) court and in the court of general jurisdiction. The current legislation allows the courts to admit the corresponding statements and to make judgment on the case, in spite of the fact that the similar case is already considered in another court. And what should be done if decisions appear opposite? We think, that in this case the question should be decided in strict correspondence with jurisdiction of courts. federal constitutional law About the judicial system of the Russian Federation in Part 1 Article 27 determined the powers of the constitutional (charter) courts of the subjects of the Russian Federation. Within the framework of the given powers the decision of the constitutional (charter) court is obligatory and it can not be revised in any other court (Part 4 Article 27). Proceeding from the given legislative positions courts can not consider statutory legal acts on the subjects of their constitutionality, if it relates to the jurisdiction of the constitutional (charter) courts. At the same time the constitutional (charter) courts can not interfere jurisdiction of courts of general jurisdiction. 3 Article 251 of the Procedural Code of the Russian Federation stipulates that there are not subjected to consideration in court applications about disputing of statutory legal acts, verification of constitutionality of which relates to jurisdiction of the Constitutional Court of the Russian Federation. We consider it necessary to add the given norm with the indication to the constitutional (charter) court of the subject of the Russian Federation. The given addition will allow eliminating contradictions which can arise at disputing of one and the same statutory legal act of the subject of the Russian Federation simultaneously in the constitutional (charter) court and in the court of general jurisdiction. If verification of constitutionality of the statutory legal act relates to the jurisdiction of the constitutional (charter) court of the subject of the Russian Federation the application about disputing of the given act is not subjected to consideration in the court of general jurisdiction. norms need adjustment for example the norms contained in Article 253 of the Procedural Code of the Russian Federation and Article 195 of the Arbitration Court of the Russian Federation regarding direction of the decision of court about disputing of the statutory legal act of the subject of the Russian Federation in the constitutional (charter) court of the subject of the Russian Federation. It is known, that positions of statutory legal acts of the subjects of the Russian Federation can be the subject for consideration not only of courts of general jurisdiction and arbitration courts (for their correspondence to the federal legislation) but also of the constitutional (charter) courts (on their constitutionality). We think that if the decision of the arbitration court or the court of general jurisdiction on the case about disputing of the statutory legal act touches the act of the subject of the Russian Federation, the copy of this decision should...


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