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Реферат Role of resolutions of the constitutional court of the Russian Federation in perfection of the federal Constitution





ian Federation has resolved the dispute between the President of the Russian Federation, the Council of Federation and the State Duma, connected with different understanding of the concept the adopted federal law raquo ;, the procedure of deviation of the federal law by the President, and with the repeated consideration of the federal law by the chambers of the Federal Assembly in the order established by the Constitution of the Russian Federation [7] .court has come to the conclusion, that the adopted federal law in the sense of Article 107 of the Constitution should be understood: laws adopted by the State Duma and approved by the Council of Federation in accordance with Parts 1, 2, 3 and 4 Article 105 of the Constitution; laws repeatedly adopted by the State Duma in accordance with Part 5 Article 105 of the Constitution; laws approved by the State Duma and the Council of Federation in accordance with Part 3 Article 107 of the Constitution.adopted federal law within five days goes for signing and promulgation to the President of the Russian Federation by the Council of Federation irrespective whether the given law has been approved by the given chamber by voting or without consideration. In the case stipulated by Part 5 Article 105 of the Constitution, the adopted federal law is transmitted to the President of the Russian Federation by the State Duma.deviation of the federal law by the President of the Russian Federation means the adopted during fourteen days in no event after the moment of reception of the law the decision of the President of the Russian Federation on refusal in its signing (veto) with indication of the motives of such refusal. The deviation of the federal law in the sense of Part 3 Article 107 of the Constitution returning by the President of the federal law to the corresponding chamber of the Federal Assembly, possible only in case of infringement by the chamber of the requirements established by the Constitution to the order of adoption of federal laws and stipulated by it conditions and procedures.great role in differentiation of jurisdiction between the courts of the constitutional jurisdiction and the courts of common and arbitration jurisdiction belongs to the Resolution of the Constitutional Court of the Russian Federation from June 16th, 1 998 on the case about interpretation of separate regulations of Articles 125, 126 and 127 of the Constitution of the Russian Federation [8]. The court has established the obligatory rule according to which the stipulated by Article 125 of the Constitution power under the sanction of an affair about conformity of the Constitution of the Russian Federation of the statutory acts issued on the questions, relating to conducting of the organs of the government of the Russian Federation and joint conducting organs of the government of the Russian Federation and organs of the government of its subjects, shall solely be the competence of the Constitutional Court of the Russian Federation. Courts of common jurisdiction and arbitration courts can not recognize the listed in Article 125 (items A and B Parts 2 and 4) acts not corresponding to the Constitution of the Russian Federation and consequently lose validity.court of common jurisdiction or arbitration court, having come to the conclusion about discrepancy to the Constitution of the Russian Federation of the federal law or the law of the subject of Federation, shall have no right to apply it in the concrete case and shall be obliged to apply to the Constitutional Court of the Russian Federation with the request about verification of constitutionality of the given law.important is the legal position of the Court that Article 76 of the Constitution regulating the principles of the sanction of collisions between statutory acts of various level, does not proceed the competence of the federal courts to recognize statutory acts of the subjects of Federation not corresponding to their constitutions (charters). The realization of the specified function attracting deprivation of statutory acts of the subjects of the Russian Federation of validity, in sense of Articles 5 (P .. 2), 73 and 118 of the Constitution of the Russian Federation, is possible only for the organs of the constitutional legal proceedings if their competence is stipulated by the constitutions (charters) of the subjects of the Russian Federation.resolution of the Constitutional Court of the Russian Federation from December 11th, 1998. on the case about interpretation of regulations of Part 4 Article 111 of the Constitution of the Russian Federation, considered at request of the State Duma, there has been stopped the dispute whether the President of the Russian Federation shall have the right to present repeatedly the nominee of the Chairman of the Government of the Russian Federation rejected by the State Duma and what legal consequences of the triple deviation of the State Duma of the same nominee to the spe...


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