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Реферат Rights and freedoms of a person and a citizen and modern realities





etence VK Bobrova considers, that the subjects of the Federation have the right to expand the competence of the constitutional (charter) courts by means of specification of the objects of control. For the purpose of protection of the fundamentals of the constitutional system, rights and freedoms of the citizens and maintenance of supremacy of the Fundamental Law of the subject of the Russian Federation the constitutional (charter) courts have the right to consider other questions following from the exclusive competence of the subject of the Russian Federation and do not compete with the powers of the Constitutional Court of the Russian Federation.to the Constitutional Court of the Russian Federation annually the number of petitions grows and comprises 12-14 thousand a year. Even at the most active work the Constitutional Court of the Russian Federation can not consider each case in reasonable terms.in order to make it possible for the citizens to enjoy protection of the infringed constitutional right in local organs, it is necessary, in our opinion, to support those who consider it necessary to make changes to the Federal constitutional law Part 1 Article 27 About judicial system of the Russian Federation in the following wording: the words can be created should be replaced with the words are created .according to the Definition of the Constitutional Court of the Russian Federation from March 6, 2003 No. 103-0 Part 1 Article 27 of the Federal Constitutional Law About judicial system of the Russian Federation does not interfere with 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 corresponding to the competence of the subject of the Russian Federation.allows to make changes to the laws on the constitutional (charter) courts, expanding the powers and giving the courts the right to realize verification of statutory legal acts of the subjects of the Russian Federation adopted on the questions of joint conducting of the Russian Federation and the subject of the Russian Federation. In this case really and everywhere there will be raised the opportunity of rendering by the constitutional (charter) courts of protection of legal guarantees of the citizens, and will simultaneously be reduced the number of petitions of the citizens to the Constitutional Court of the Russian Federation.the Resolution from April 11th, 2000 No. 6-П the Constitutional Court of the Russian Federation has established, that at observance of the requirements of Part 3 Article 128 and item a Part 1 Article 72 of the Constitution of the Russian Federation, and the Federal Constitutional Law About judicial system raquo ;, the constitutional (charter) courts of the subjects of the Russian Federation can be allocated with the powers on the verification of conformity to the federal law of the laws of the subjects of the Russian Federation.present the experience of the constitutional justice has revealed the necessity of expansion of the powers of the constitutional (charter) courts on consideration of complaints of the citizens (individual and collective) on the infringement of the constitutional rights and freedoms. Then the significant number of the petitions of the citizens could be considered in essence. At present it is necessary to refuse in admission of some categories of petitions owing to absence of the criterion of admissibility of the questions put to the Constitutional Court. At the same time it is necessary to remember, that in the organs of the constitutional justice not any violated right of a person and a citizen is subjected to protection, but only those stipulated in the Constitution of the Russian Federation and its subjects.is possible to give many examples. One of them is the case considered by the Constitutional Court of the Republic of Adygea, on the complaint of infringement of the constitutional rights of the citizens by the Resolution of the Council of People's Deputies of the municipal formation unit the City of Maikop About confirmation of tariffs for rendering of additional paid services by the municipal establishments of public health care raquo ;. The Constitutional Court of the Republic of Adygea in the definition has established that the paid medical services to the population should appear in addition to the guaranteed volume of the free-of-charge aid. And the order, conditions, criteria, requirementsto rendering medical services is necessary to determine in the requirements of the corresponding statutory act which should be clear and accessible to the population. However, the Court could not admit to proceedings and consider it in essence as the Constitutional Court of the Republic of Adygea verifies constitutionality of t...


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