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Реферат The constitutional right of citizens to appeal of acts of bodies of the executive power of the Republic Bulgaria





ration NS Bondar that in the system of legal facilities of the balanced providing of safety of the personality, society and state the deciding value shall have the constitution, and the safety acquires accordingly the constitutional features and becomes constitutional safety, therefore it is possible to draw the conclusion , that the concept «safety» is the constitutional category.safety is, foremost, providing of protection of the bases of constitutional system, rights and freedoms of a person and a citizen, and, it means that constitutional safety can be provided at full solely at effective control on observance of the bases of the constitutional system and all its elements.and constitutional control, included in the basic elements of the given system, presented by the activity of the Constitutional Court of the Russian Federation and constitutional (charter) courts of the subjects of the Russian Federation, is the special universal institute of guarantee of constitutional safety.feature of the legal proceeding of the Constitutional Court of Republic Karelia is that any citizen can apply to the Constitutional Court of Republic Karelia, if considers that his right can be infringed by the adopted law, decision or resolution of the bodies of the government of the Republic. The citizen can apply to the Constitutional Court with the constitutional public complaint when the prospect of infringement of his right, and the right of another person or a group of persons has appeared. This right is stipulated neither in the Federal Constitutional Law «About the Constitutional Court of the Russian Federation» nor in laws about the constitutional (charter) courts of other subjects of the Russian Federation. The right to the constitutional public complaint is given only by the Law of Republic Karelia «About the Constitutional Court of Republic Karelia» that has enormous influence on providing of constitutional safety in the Republic.Constitutional Court of Republic Karelia, being the judicial body of the constitutional control, possesses the special state-imperious powers, allowing to make decisions of obligatory character, and legal positions stated in them are normative. When the Constitutional Court recognizes unconstitutional certain positions of the normative legal act, it means the so-called «negative law-making». When it recognizes constitutionality of positions of the examined normative legal act, it is the «positive legislator». But in all cases the Constitutional Court realizes finally the function on settlement and removal within the framework of the set of constitutional procedures of contradictions and conflicts, related to the observance and protection of rights and freedoms of a person and a citizen, with the problems of social justice and equality, violation of balance of private and public interests, trenching upon the bases of constitutional system.is enough to state that practically in each case considered by the Constitutional Court of Republic Karelia there are this or that aspects of safety of citizens or society. It is evidently demonstrated in decisions, adopted by the Constitutional Court of Republic Karelia, allowing not only to estimate the state of constitutional safety in the Republic but also to offer taking into account the formed by the Constitutional Court legal positions certain approaches to this problem. the last years in the context of constitutional safety the special place in activities of the Constitutional Court of Republic Karelia belongs to consideration of applications of citizens in the sphere of protection of social rights, providing social safety and stability of development of the society. In particular, repeatedly there have been exposed to judicial constitutional control the norms of law, their separate legal Instructions of the Law of Republic Karelia from December 17, 2 004 No. 827-ЗРК «About social support of separate categories of citizens and recognizing lost force of legislative acts of Republic Karelia», which has caused the certain social tension in the Republic.Constitutional Court of Republic Karelia, deciding the cases about the verification of constitutionality of the above mentioned Law by means of the given to it powers, has formulated legal positions on the given issue having the substantial value for pursuing the uniform social policy on the territory of the Republic and providing at the decision of the given questions of constitutional principles of equality and justice in accordance with the confessedly uniform internal legal standards.particular, the Constitutional Court has recognized not corresponding to the Constitution of Republic Karelia the legal order of the above mentioned republican Law, allowing to lay part of charges on maintenance of habitation with heating and illumination on teachers-pensioners, having worked no less than ten years as teachers in the public institutions located on the territory of Republic Karelia in ...


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