titutional Court has specified, that confirmation of fifteen-year term of existence of the religious group, founding the local religious organization, in the sense of item 1 Article 9, item 5 and 7 Article 11 of the given Federal Law in interrelation with its Articles 6, 7 and 8 is necessary, if only foundation and registration of the local religious organization takes place after coming into force of the above mentioned Federal Law and if there has not been confirmed its religious belonging to any centralized religious organization registered in the Russian Federation. Thus, the Law does not establish the form and procedure of proving the fact of fifteen-year term of existence of the religious group.item 2 Article 12 of the Federal Law «About freedom of worship and about religious associations» refusal of recording organ in the state registration of the religious organization in case of disagreement of its founders will be appealed in court. Applicants, who have not agreed with the decision of Department of the Ministry of Justice of the Russian Federation in the Udmurt Republic, have applied for protection of their rights not to court of general jurisdiction which, in the sense of Article 126 of the Constitution of the Russian Federation and the current legislation based on it, is allocated with the competence to resolve such cases, but directly tо the Constitutional Court of the Russian Federation.to resolve the dispute and to finalize rights and duties of the sides shall have the right solely the court and the judge whose jurisdiction such case is related to by the law (Part 1 Article 47 of the Constitution of the Russian Federation) and realize judicial power on the basis of the principle of independence and submission only to the Constitution of the Russian Federation and the Federal Law (Part 1 Article 120 of the Constitution of the Russian Federation). Therefore if the founders of the religious organization disagree with the refusal of the recording organ, the corresponding dispute should be resolved by the court of general jurisdiction.adjudication the refusal of the recording organ gets the preliminary character and therefore the conclusion about necessity of application of the norm on which the refusal has been based, and its interpretation by the recording organ can not be of prenodicial value. The sanction of the question whether this or that norm is subjected to application, its casual interpretation (referring to the concrete case), is, in the sense of Article 118, 120 (Part 2), 125 (Part 4), 126 and 128 (Part 3) of the Constitution of the Russian Federation, the prerogative of court of the general jurisdiction which in this question is not connected with the opinion of applicants, and lawful decision of the recording organ of the executive power., admission by the Constitutional Court of the Russian Federation for consideration of the given complaint of the citizens - founders of the religious organization «Scientelogical church of the city of Izhevsk» without judgment establishing the fact of application of the norm about fifteen-year term on the ground of which they have been refused in registration of this religious organization would mean, that the Constitutional Court of the Russian Federation realizing the constitutional legal proceedings (Article 125 of the Constitution of the Russian Federation) and resolving the question on constitutionality of legal norms, at the same time would also resolve another question, namely: whether the disputed norms are subjected to application in the concrete case and would realize the belonging to court of the general jurisdiction authority to resolve cases by criminal, civil and administrative legal proceedings (Article 126 of the Constitution of the Russian Federation). Such intervention in prerogatives of the court of general jurisdiction on the sanction of the concrete case and at the choice of the norm subjected to application, in the sense of specified articles of the Constitution of the Russian Federation, and Articles 43, 96 and 97of the Laws «About the Constitutional Court of the Russian Federation» shall be inadmissible.the sphere of estimation of the constitutional justice is more and more actively intervented with party political institutionalization of the constitutional system. First of all it is connected with the development of parties and party relations which has received the formal - legal stipulation in the Federal Law «About political parties» .of the major theses of the Constitutional Court of the Russian Federation in the given sphere - not formulated directly, but proceeding from the analysis of the adopted decisions - is the principle of the balanced formation of the system of institutes of the civil society that assumes such normative maintenance of organization and activity of each institute at which it would realize the public applicability and social functions, not interfering with realization of the co...
