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Реферат Legal globalization: law, inevitability, prospects





service of execution of punishments,etc.). Besides justice comprises investigation managements created at the corresponding law enforcement bodies (the Ministry of Internal Affairs, the Federal Service of Security, Prosecutor's Office) .the context of the constitutionally-functional approach the justice is perceived as the set of bodies of legal proceedings and activity on realization of justice. constitutional justice court russia is the purposeful activity of the state bodies possessing jurisdiction in the sphere of application of law and capable to make imperious decisions on cases connected with the sanction of disputable and disputed situations, and determination of measures of the legal responsibility concerning persons recognized guilty of committing offences.of justice as the field of activity of judicial establishments of justice is sufficiently perspective. In the context of the given approach it is meaningful to allocate stable (settled) spheres of judicial activity and the spheres in the process of development. In conditions of modern Russia stable spheres of legal proceedings is the sphere of criminal, civil, arbitration, military justice. In turn it is necessary to relate administrative, juvenile and the constitutional justice to the number of developing spheres.of processes of development of the system of the constitutional justice of Russia allows making the conclusion that at present the given system has at the greater degree political character instead of legal. Thus, consideration of genesis of domestic constitutional justice (at the example of development of the Constitutional Court of Russia) allows allocating three basic stages in development of the given body.

. The liberal-romantic period (1991-1993). During the given period the Constitutional Court was perceived as the supreme body of the judicial authority occupying the basic place in the system of checks and balances and capable to make decisions, possessing the direct validity. In particular according to the Law about the Constitutional Court of 1 991 the decision of the Court about recognition of the statutory-legal act unconstitutional meant recognition of the given act legally insignificant, ie lost validity in no event after its adoption. Besides during the above-named period the Constitutional Court could independently initiate consideration of cases connected with realization of the judicial control in the spheres determined by its jurisdiction.

. The transitive period (1994-2000). After open opposition of the position of the Constitutional Court to the position of the President and stay of activity in 1993-1994. The Constitutional Court renews its activity in the updated structure and according to the new law, significally, limited its jurisdiction. At the same time, obvious weakness of state structure of modern Russia raquo ;, at the stage of its development has caused uncertainty of positions of the Constitutional Court. On the one hand, the example of the rigid attitude on the part of the power resolutely stopping events of real restraint of absolute tendencies on the part of the previous structure of the Constitutional Court has caused the certain care of the new structure at decision-making. On the other hand, the incessant criticism of power structures, and obvious feebleness of the Constitutional Court in questions of maintenance of rights and legitimate interests of the citizens (during this period the large-scale military operation in the Chechen Republic, began which led to mass violations of rights of a person and a citizen, both in the North Caucasian region, and on the entire territory of Russia), has predetermined escape of the Constitutional Court from law enforcement sphere into law interpretation sphere connected with interpretation of the Constitution.

. The propresidential period (2000 - till present). Coming to power of President V.V. Putin and his course on strengthening of the role of the state (in fact - of state bureaucracy) in sociopolitical system has caused large-scale reform of the government whose basic purpose was creation of controlled structures of the government, finally, isolated on the President. During the given period the essence of the Constitutional Court definitely changes. From the significant element in the system of checks and balances it turns to tool body whose primary goal is legitimating of initiatives proceeding from the President and their binding to the working Constitutionange of sociopolitical (instead of legal) essence of the Constitutional Court at different stages of its genesis can explain the circumstance, that decisions adopted by court at the first and second stages, at present cardinally differ from decisions adopted on the same questions.


II. Normative bases of the Russian constitutional justice

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