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Реферат Practice of consideration of cases on protection of rights and freedoms of the citizens by the bodies of constitutional justice of the Russian Federation





public court, in which applied to verify constitutionality of Parts 2, 3 Article 34 making the decision on the case, the Constitutional Court of the Republic Kareliya came to the conclusion that Part 3 Article 34 of the Law of the republic About safety of labor and does not correspond to the Constitution of the Republic Kareliya and is not subjected to application since it contains the condition of the purpose of the lump allowance after determination of degree of the blame of the employer and the damaged laquo ;, by which there are b violated the constitutional principles of equality of the citizens before the law. Petrozavodsk town court was recommended at making decision on claim on II Grigorovich to proceed from positions of the Resolutions of the Constitutional Court [8] .the Resolution of the Constitutional Court of the Republic Buryatiya from October 10, 2000 on the case about the verification of the correspondence to the Constitution of the Republic Buryatiya of Paragraphs 4 and 5 Article 1, Part 2 Article 3, Parts 1 , 2, 3, 4, 5, 6 Article 4 of the Law of the Republic Buryatiya About religion activity on the territory of the Republic Buryatiya raquo ;, there have been applied the European norms - standards. So, Parts 1, 2, 3, 4, 5, 6 of the given statutory-legal act, stipulating the order of registration, issue of permissions and certificates on realization of missionary activity, were recognized by the Constitutional Court not corresponding to the Constitution of the republic, since they contradicted Article 9 of the European Convention about protection of human rights and fundamental freedoms, to the Constitution of the Russian Federation and the Constitution of the republic, according to which each person is guaranteed the freedom of worship, freedom of belief, including the right to confess individually or with other any religion or to confess no religion, freedom to choose, have and spread religious and other beliefs and act in accordance with them. From the contents of the specified article it results that missionary activity is the right of each person in any religious organization [9] .activity of the Constitutional Court of the Republic Komi on consideration of cases on complaints and requests of courts shows, how varied statutory acts are, and verification of whose constitutionality is possible by the Law About the Constitutional Court of the Republic Komi raquo ;. Since тисяча дев'ятсот дев'яносто п'ять the Court has considered and made final judgments on 14 individual and group complaints of the citizens and requests of courts, on which there has been verified constitutionality of laws of the Republic, of statutory orders and instructions of the head of the Republic, the resolution of Goskomarhstroy of the Republic, the decision of the Council of the city of Vorkuta, the resolution of the head of administration of Syktyvdinsk district. is necessary to note that unlike courts of general jurisdiction, courts of arbitration the constitutional (charter) courts do not examine actual circumstances of the case, but settle the questions of the law. They examine positions of the statutory acts of the subjects of their correspondence to constitution (charter) of the subjects of the Russian Federation.Constitutional (authorized) courts, certainly, intensify the judicial power, and it can be confidently stated that citizens and legal persons with creation of these courts have got additional guarantee in protection of their own rights. It is confirmed by considered cases on protection of rights of the citizens in the subjects of the RF from +2004 till 2008, where the constitutional (authorized) courts exist.example, for the period of five years, since the event of formation (since the year 2000), the Constitutional Court of the Republic Tatarstan [10] has considered 15 applications of the state bodies. More than half of them were directed by commissions (committees) and groups of deputies State Council. The Constitutional Court has received more than 300 applications from the citizens of the republic and their associations. All this testifies to the necessity of existence of the body of the constitutional justice, and the confirmation of the increasing confidence to it on the part of the society.results of consideration of applications the Constitutional court has passed 34 final decisions, including 16 resolutions and 18 definitions. The 6 resolutions directly concerned the interpretation of the Constitution of the Republic Tatarstan. We should note that 27 decisions made on complaints on violation of the constitutional rights and freedoms of the citizens and their associations that forms 80% in the total state of final decisions of the Constitutional Court of the Republic Tatarstan. It means that there have been protected not only separate citizens, whose legal rights were restricted, but thousands of the citizens. Realization of these directions of activity ha...


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