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Реферат Norms of the international law in courts of the Constitutional justice of the subjects of the Russian Federation





About social support of the separate categories of the citizens and recognition invalid of some legislative acts of Republic of Karelia in connection with application of the citizen TK Ivanova.disputed norm of the specified law provides the necessity of choice by an advantage-receiver a measure of social support on one of the grounds if the same measure of this support would rely to him on various lawful grounds. The similar legal regulation is specified in many federal laws concerning measures of social protection of the citizens ( About veterans raquo ;, About social protection of invalids in the Russian Federation raquo ;, About social protection of the citizens, undergone the influence of radiation, during the accident at the Chernobyl atomic power station and others). At presence of such legislative practice, nevertheless, it is possible to speak about absence of any constitutional principle, based in the given regulation. Considerable aid in the sanction of the given constitutional dispute has been rendered by the Convention of the International Organization of Labour No. 157 about establishment of the international system of preservation of rights in the sphere of social support (Geneva, June 21st, 1982, came into force for the Russian Federation on September 11th, 1986). According to item 2 Article 8 of the above mentioned Convention if the State - the Member of the Organization - should on the ground of two or several acts grant one and the same person the grants of identical character, and it is obliged to give only the grants meeting the interests of the given person. The given rule established by the international contract, does not simply serve an example at legislative regulation of similar legal relations in the Russian Federation and its subjects, but is also obligatory for application. It is necessary to note, that presence of the similar legal instructions in the federal legislation does not have legal force obligatory for application; and also it does not have principle value for the sanction of the concrete constitutional dispute. The reference to the given circumstance in the resolution of the Constitutional Court of Republic of Karelia has only demonstrative character. The norms of international law applied on the given case, has become fundamental at development of the legal position on the given case. Due to compulsion of the Convention of the International Organization of Labour No. 157 for the Russian Federation in connection with its ratification and its constitutional regulations (Part 4 Article 15 of the Constitution of the Russian Federation and Articles 2, 8 of the Constitution of Republic of Karelia) the court has considered in essence the norm of the regional law in system unity with the federal legislation and norms of the international law. The given case in practice has realized rapprochement and interaction of the two legal systems - the Russian and the international. It is important, that it has been realized at the level of the subject of the Russian Federation. the ground of the above-mentioned it is possible to make the conclusion that the regional courts of the constitutional justice really and widely enough use for the argument and reinforcement of their legal positions the conventional principles and norms of the international law and international contracts. Sometimes they make it for completion of blanks in the federal legislation and at research of the constitutional sense of the regional laws. of the international legal norms in the process of removal of judgements would be considerably facilitated in case of creation of the interstate statutory-legal base precisely regulating the status of the conventional principles and norms of the international law and establishing their list. The decision of the given problem could be promoted by the development by means of realization of the regulations of Part 4 Article 15, Part 1 Article 17, Part 1 Article 63, Article 69 of the Constitution of the Russian Federation of the federal constitutional law containing the list of the conventional principles and norms of the international law, subjected to application on the territory of the Russian Federation. It has already been mentioned by O.N. Malinovskiy, who offered to establish in the given law, that the conventional principles and norms requiring concrete definition for their effective realization, should be realized in the national legal system with the help of adoption of additional laws.of such special law is caused by requirements of practice and is quite natural. With adoption of such law would be assumed the question essentially important for the legal system of the country, and the conventional principles and international norms of common origin formalized in the law would become the major primary international legal source of the national legal system. it is necessary to systematize the international legal norms and conve...


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