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Реферат The necessity of further formation of the constitutional courts and ways of perfection of legal proceeding





be in obligatory order directed to the constitutional (charter) court of the correspondent subject of the Russian Federation. It will allow to avoid appearance of another decision concerning one and the same statutory legal act that will promote stabilization of law enforcement practice providing of uniformity of judicial activities and will reduce possibility of application by courts of the statutory act, recognized by arbitration court or court of general jurisdiction lost force. number of problems arise at providing of order in sessions of the constitutional (charter) court and safety on the territory of the corresponding buildings. The fact is that the constitutional (charter) courts quite often consider questions causing large public resonance. The similar situation appeared as a result of non-distribution of the Federal Law About bum-bailiffs on the constitutional (charter) courts of the subjects of the Russian Federation. In accordance with Article 1 of the given law bum-bailiffs are allocated with the tasks on maintenance of the established order of activity of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, courts of general jurisdiction and arbitration courts. And who will maintain the established order of activity of the constitutional (charter) courts and what to do with the constitutional positions about the uniform judicial system of the Russian Federation? , The judges of constitutional (charter) courts are not subjected to state protection (!) In accordance with the Federal Law About state protection of judges. Absence of Article 2 of the given law of the judges of constitutional (charter) courts among the persons, subjected to state protection, that contradicts statutory legal act of the greater legal force - Federal constitutional law About the judicial system in the Russian Federation, Article 12 of which establishes that all judges of the Russian Federation shall possess the uniform status and are different solely in powers and jurisdiction. The given position is specified in the Law of the Russian Federation On the status of judges in the Russian Federation: the judge, his family members and their property are under the special protection of the state. Bodies of internal affairs are obliged to take necessary measures on providing safety of judges, his family members, safety of the property belonging to him, if the proper statement made by the judge. The judge has the right to storage and wearing of official gun given out of him by the bodies of internal affairs on his statement in the order stipulated by the law of the Russian Federation About Arms (Part 2 Article 9). Guarantees of independence of the judge, including the measures of his legal protection, material and social welfare stipulated by the given law are distributed by all the judges in the Russian Federation and can not be abolished and reduced by other statutory acts of the Russian Federation and the subjects of the Russian Federation (Part 4 Article 9). , Regarding providing state protection of judges in the Russian Federation there re obvious contradictions in the federal legislation to remove which it is possible by means of addition in the Federal Law About state protection of judges of the list of persons, subjected to state protection by judges of the constitutional (charter) courts of the Russian Federation. is necessary to make clarifications in the criminal procedural legislation of Russia. Article 448 of the Criminal Procedural Code of the Russian Federation establishes the special order of arising of the criminal case regarding the separate categories of persons, including judges. It is interesting to note that at arising the criminal case regarding the judge of the constitutional (charter) court of the subject of the Russian Federation there is applied the same order as regarding judges of district courts and courts of justice of the peace (item 5 Part 1 Article 448 of the Criminal Procedural Code of the Russian Federation). Constitution of the Russian Federation (Article 122, Part 1) proclaims inviolability of the judge as the principle proceeding from which there are settled the concrete questions of inviolability and responsibility of judges; the judge can not be drawn to the criminal responsibility otherwise in the order, determined by the federal law (Article 122, Part 2). According to the Constitutional Court of the Russian Federation, inviolability of judges is not the personal privilege of the citizen, holding the position of the judge, but is the means of protection of public interests, and foremost interests of justice. Proceeding from this the society and the state, producing rigorisms to the judge and his professional activity, have the right and is obliged to provide him with the additional guarantees of the proper administration of justice (the Resolution from March...


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