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





7, 1996 on the case about the verification of constitutionality of item 3 Article 16 of the Law of the Russian Federation About the status of judges in the Russian Federation ). the judicial guarantee of inviolability of judges Chapter 52 of the Criminal Procedural Code of the Russian Federation was included with positions about the features of proceedings on criminal cases regarding judges, including the stage of arising the criminal case (items 3 - 5 Part One Article 448 ), stipulating the certain complication of the proper procedures, in order to provide legally the expedient differentiation of procedural mechanisms in the field of criminal responsibility. the sense of Part 1 Article 448 of the Criminal Procedural Code of the Russian Federation it is obvious, that for the basis of application of this or that order of arising the criminal case regarding different types of courts the territorial principle has been taken. The judges of courts, working on the entire territory of the Russian Federation or on the entire territory of the subject of the Russian Federation were subjected to one order of arising of the criminal case (item 4 Part 1 Article 448) while the judges of courts , working on the territory of district or judicial area - have been subjected to another order (item 5 Part 1 Article 448). of the constitutional (charter) courts of the subjects of the Russian Federation have not been subjected to any of them. Nevertheless they act on the entire territory of the corresponding subject of the Russian Federation, and their decisions contain legal positions, obligatory for all bodies of the government, bodies of local self-management, their officials, public associations and citizens. Moreover, the decisions of the constitutional (charter) courts of the subjects of the Russian Federation are subjected to frequent application, that is actually other norms of law, and the decision about interpretation of the Constitution have force of the constitutional norms. , Regarding the judges of the constitutional (charter) courts it is more correct to apply such condition of arising of the criminal case, as the conclusion of board comprising three judges of the Supreme Court of the Russian Federation on presentation of the chairman of the Investigation Committee at the General prosecutor of the Russian Federation (item 4 Part One Article 448 of the Criminal Procedural Code of the Russian Federation), acting in the mechanism of providing of the institute of inviolability of judges of the constitutional (charter) courts as sufficient guarantee (along with the consent of the Higher qualifying board of judges of the Russian Federation) of their constitutional rights, including the right to remedy. should be clarified some positions of the Federal Law from October 6, 1999. No. 184-ФЗ About general principles of organization of legislative (representative) and executive bodies of the government of the subjects of the Russian Federation. Paragraph One Article 2 of the specified Law contains the list of bodies comprising, the system of bodies of the government of the subject of the Russian Federation. It is necessary to include the courts of the subjects of the Russian Federation in this list that will correspond to the federal model of construction of the system of public bodies of the government and the principle of division of powers at the level of the subject of the Russian Federation. is a number of blanks in the tax, budgetary legislation, and in other statutory legal acts of the federal level. As a result the established by the federal legislation unity of the status of judges in fact remains declaration. removal of contradictions and blanks in the federal legislation will promote perfection of the legal proceeding in the Russian Federation.II. Contents and limits of freedom beginning from the 19th century the problem of freedom of a person has become one of the priorities in the study in the field of philosophy, sociology and, certainly, jurisprudence. Up to present the scientific thought has offered a number of varied concepts and definitions of freedom, hereunder only emphasizing the whole variety, variability and even historical condition of the given category. So, В. Gumbolidt considered that freedom presents, inherently, only possibility to indefinitely varied activity [15] when P.-A.Golbach considered that freedom is the right of the individual to undertake for the sake of the happiness all that does not harm other co-citizens [16]. E.Fromm considered that freedom is the possibility of actions not within the framework of need, but on the basis of realization of alternatives and their consequences, as there does not exist anything that had not reasons, and not all actions in the world are determined. The beginning and the first manifestation of freedom of a person is his independence raquo ;, autonomy, self management of a personality - that Aristotle named to belong ...


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