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Реферат About development of legal fundamentals of the constitutional justice in the subjects of the Russian Federation





the Russian federative state. In the units in which the constitutional (charter) courts of the subjects of the Federation have been created and successfully function, they act within the framework of the uniform legal space, and realize the constitutional justice. In practice, the decisions of such courts about admission of the statutory act not corresponding to the constitution or charter is the ground for cancellation in the established order of the regulations of other acts based on the disputed act. Besides the regulations of such acts can not be applied by courts, other organs and officials. The social importance of the constitutional (charter) courts of the subjects of the Russian Federation as the organs of the constitutional control is, that the development of this activity is necessary not only to the judicial system, but to the whole society which has proclaimed the development of the lawful state.legal disputes, the constitutional (charter) courts of the subjects of the Russian Federation realize the qualified interpretation of the regional constitutions and charters which have practically all been harmonized with the Constitution of Russia and federal legislation. Hundreds of laws and other statutory legal acts of the subjects of the Russian Federation have been admitted not corresponding to constitutions and charters of the subjects, and also the federal legislation and regulations of the Constitutional Court of Russia. It is enough to say, that only in the existing fifteen constitutional (charter) courts for the period from the beginning of their activity there have been considered more than 3000 petitions and requests.on the whole the activity of the regional constitutional (charter) courts , it is necessary to agree that their decisions are appreciably the source of the law of the subject of the Federation, and influence the development of the principle of the division and interaction of the powers, institutes of the government and local self-management, provide conformity of the regional and federal legislation. They promote penetration of the legal positions of the Constitutional Court of the Russian Federation into the legal system of the regions., the constitutional justice for the short period of its existence has proved, that it can be the effective means of formation of legal mutual relations of the regional power and local self-management, additional mechanism on protection of rights and freedoms of a person and a citizen.initial stage of establishment in Republic of Buryatia of the organ of the constitutional control has become the adoption of the Constitution of Republic of Buryatia in February , 1994. It provides, that on the territory of Republic of Buryatia alongside with the federal courts, shall act the Constitutional Court of Republic of Buryatia which is the supreme organ of judicial power on protection of the constitutional system of Republic of Buryatia. In October, +1994 the deputies of the National Khural (Parliament) of Republic of Buryatia adopted the Law of Republic of Buryatia About the Constitutional Court of Republic of Buryatia" . Election in January, 1995. by the Parliament of the republic of the first Constitutional Court and taking the oath by the judges, has marked the start of the activity of the Constitutional Court of the Republic.one of his speeches in the National Khural of Republic of Buryatia, President of Republic of Buryatia L. Potapov has noted, that activity of the Constitutional Court of the republic is the fact testifying, first of all, that the republic firmly and consistently steps forward on the way of development of the lawful, democratic, civil society.the first days of the activity the Constitutional Court of Republic of Buryatia directed all the efforts of strengthening the constitutional legality, to recognition not only by the organs of the government and local self-management, but also by the citizens, their associations and officials, and to promotion on stability of the state system of republic , protection of the fundamental rights and freedoms of the citizens. The activity of the Court is aimed at the confirmation of the supremacy of the Constitution of Republic of Buryatia, its protection, maintenance of its supreme validity.years have passed since formation of the Constitutional Court of Republic of Buryatia. For the given period the Court has considered 36 applications from the state organs. It is necessary to note, that any act admitted by the Court not corresponding to the Constitution, shall lose force, which means, that it has no validity and shall not be subjected to application. More than 100 applications in writing have been received by the Constitutional Court of Republic of Buryatia from the citizens and their associations. All this testifies to demand in republic of the organ of the constitutional justice.the results of consideration of the applications by the Constitutional Court of Republic o...


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