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Реферат Role of resolutions of the constitutional court of the Russian Federation in perfection of the federal Constitution





of the Constitutional Court of the Russian Federation from April 12th, 1995. [5] .ground for consideration of the case has become the request of the State Duma. The ground for consideration of the case has become the uncertainty in understanding of specified articles of the Constitution in connection with the concepts used in them the general number of the deputies of the State Duma and the general number of the members of the Council of Federation and the deputies of the State Duma raquo ;. Thereof it was required to explain, whether identically the general number of the deputies of the State Duma is identical to its numerical structure established by Article 95 (Part 3 of the Constitution), or it means the number actually elected deputies, except for what powers at the moment of voting are terminated in the established order, and whether the instruction on the general number of the members of the Council of Federation and the deputies of the State Duma is the ground for decision-making on the basis of the sum of votes of the members of the both chambers of the Federal Assembly. Having considered the case, the Court has explained, that the regulation about the general number of the deputies of the State Duma, contained in the above mentioned articles of the Constitution of the Russian Federation, is necessary to understand as the number of the deputies established for the State Duma by Article 95 (Part 3) of the Constitution of the Russian Federation - 450 deputies. The regulation about the general number of the members of the Council of Federation and deputies of the State Duma should be understood as providing voting separately in chambers and determination of its results accordingly from the number of each chamber established by Article 95 (Parts 2 and 3 ) of the Constitution of the Russian Federation.the opinion of the Court, the purpose of the establishment in Article 95 of the Constitution of the number of mandates in the Council of Federation and the State Duma - maintenance of the representative character of the higher legislative organ of the Russian Federation .. It proceeds that adoption of the offered by the State Duma interpretation of the concept the general number of the deputies as the number of actually elected deputies in the State Duma except for those whose powers at the moment of voting have been terminated in the established order, can lead to that the State Duma will be competent to pass federal laws and other important for the country acts on questions of the conducting even if actually will lose the representative character owing to vacancy of the significant part of the deputy mandates.great value for establishment of the procedure of entry of amendments to chapters 3-8 of the Constitution has the Resolution of the Constitutional Court of the Russian Federation from October 31st, 1995 on the case about interpretation of article 136 of the Constitution of the Russian Federation at request of the State Duma. The ground for consideration of the case has become absence in the text of the Constitution of the name and the legal form of the document containing the amendments to the Constitution of the Russian Federation [6] .the decision of Court from the established by the Constitution of the Russian Federation procedure of adoption of amendments to chapters 3-8 of the Constitution of the Russian Federation it follows, that amendments are adopted in the form of the special legal act - the law of the Russian Federation on amendments to the Constitution of the Russian Federation. The Regulation of Article 136 of the Constitution that amendments to the Constitution are adopted in the order stipulated for passing of the federal constitutional law, means distribution on the procedure of adoption of amendments of requirements of Article 108 (Part 2) of the Constitution about approval of the given act by the majority not less than three quarters of votes out of the total number of members of the Council of Federation and not less than two thirds of votes out of the total number of the deputies of the State Duma. Thus, the special condition for entry of amendments is valid, namely the necessity of their approval by the organs of the legislative power by not less than two thirds of the subjects of the Russian Federation. Besides there should be observed regulations of Article134 of the Constitution of the Russian Federation stipulating the number of the subjects, possessing by the right of entry of offers on amendments to the Constitution of the Russian Federation., The Constitutional Court, having determined the name of the act, bringing the amendments in the Constitution, actually has not only carried out interpretation of the Constitution, but has also made the addition to it.Resolution of the Constitutional Court of the Russian Federation from April 22nd, 1996 on the case about interpretation of separate regulations of Article 107 of the Constitution of the Russ...


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