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Реферат Some aspects of theoretic-legal and conflictological analysis of stable functioning of the unrecognized state





f purposeful and effective protection of the Constitution of the Russian Federation, constitutions (charters) of its subjects. The special importance of protection of the constituent documents in conditions of Russia is connected with the following, on the one hand, they are ideal achievement of time and not all with reflect of achieved relations, and on the other hand, realization of their positions will face with the Russian mentality in which neither the law, nor justice do not play the big role.the monography of President of the Constitutional Court of Republic of Komi, Candidate of Jurisprudence Gavryusov Yu.V.are compared models of the constitutional justice. According to the author, for the subjects of Russia as the federative state the most suitable is the model which assumes creation of the constitutional (charter) courts. Having allocated the most important attributes of the constitutional (charter) courts of the subjects of the Russian Federation, the researcher perfectly specifies that the constitutional (charter) courts of the subjects initially and integrally are capable to realize the judicial power of the subject. The organs providing their balance can act in the system of division of their powers. The constitutional (charter) courts are in the system of checks and balances .. Fruitful are the instructions of the author that the constitutional (charter) courts of the subjects of the Federation personify the development of their statehood and constitutionally-legal status. The value of activity of the organs of the constitutional justice in development of the fundamentals of regional legislation in realization of law-educating activity is allocated. Scrupulous study of the questions of legislative regulation of organization and activity of the constitutional (charter) courts reveals many interesting specific features. Critically estimating approaches of the subjects in deciding of the concrete sides of the constitutional justice, the author is not declined to justify everything. The rejected decisions of the subjects are well argued and on each case there has been offered the approach corresponding to the nature of the regional constitutional justice.of the nature of the organs of the constitutional justice of the subjects of the Russian Federation makes one of the most important tasks of the work. The task is carried out on the basis of full and careful analysis of the practice of all working constitutional (charter) courts in the Russian Federation. And for this purpose there have been involved their decisions for the period at least, last ten years.framework of the review does not allow to specify in detail all the advantages of the monography. It would be necessary to allocate especially the three points which, in my opinion, represent important, specific, scientific-practical value.of the constitutional (charter) courts of the subjects of the Russian Federation is carried out in comparison with organization and activity of the constitutional courts of the districts of Germany. For this purpose there have been involved concerning this practice which exists in the given sphere in other federative states. In this sense the constitutional justice of the subjects of the Federation is proved as the part of the federal structure, as its essential attribute that enables to consider it as the institute of judicial power of the federative state.different works for the last years there have been actively studied the question about regional constitutional legal proceedings. However it still remains fragmentary. In the monography the constitutional legal proceedings are submitted as the complete constitutionally-legal formation having its essence, independent principles, functions, directions of development, rules of petition, subjects of application, procedure, stages, means of proving. The regional constitutional litigation is differentiated with the federal constitutional litigation realized by the Constitutional Court of the Russian Federation.principles of the constitutional legal proceedings - independence, collective nature, morality, competitiveness - are separated from the similar principles of civil and administrative legal proceedings. of the author on identification of the regional constitutional legal proceedings with constitutionally-legal status of the subject of Federation are connected with the consideration of the order of decision-making by the constitutional (charter) courts, actualization of feasibility of their acts, and also with researche of the grounds and procedures of revision of legal positions of the constitutional (charter) courts.fact is, that the most debatable is the question, on the nature of decisions of the constitutional (charter) courts, their validity. Some authors recognize them the sources of law, others qualify them as lawful acts. In works of other authors it is proved, that there are elements both of lawful and normative acts. Proc...


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