eeding from the common theory of law, Gavryusov Yu.V. believes, that decisions of the constitutional (charter) courts on interpretation of norms of constituent documents of the subjects should be considered as the indirect source of the law, derivative from the constitution or the charter (page 224), and concerning the resolution about admission of the statutory act not corresponding to the constitution (charter) it is an independent source of the law (page 227) .has been made an attempt to understand the sense of the definition legal position of the constitutional (charter) court. There has been proved the point of view according to which legal positions can contain in definitions, and in resolutions of court, and in their motivated parts. The opinion on equality of validity of legal positions and resolutions of the constitutional (charter) courts is rejected. The estimation of the nature of legal positions of the constitutional (charter) courts differs depending on where they are expressed. In decisions they are the independent source of the law (page 234), and in definitions they are the legal doctrine or the doctrine interpretation proceeding from lawyers theoretical explanation of legal norms (page 236) .present 56 subjects of the Federation have expressed the intention to have the organs of the constitutional justice. But only 15 subjects have already created such organs. In this connection the author studies, on the one hand, the condition of the legislation in the later, on the other, federal legislation, stating thus, quite proved critical remarks. Yu.V. Gavryusov touches the question on the reasons of backlog of the subjects in formation of the constitutional (charter) courts. He assorts that the circumstances specified in the works (VA Kryazhkov, MA Mityukov, AM Tsaliev), but as against other authors he connects the existing regulation with insufficient stability of the principle of division of powers in the subjects of the Russian Federation, and distribution at them some practice of administrative perusal ideas of the lawful state according to which the process of its development is presented in the context of interests of the working administration and its head.monography of Yu.V. Gavryusov is appreciable event in the substantiation of regional constitutional justice and brings the essential contribution to study of practice of the working constitutional (charter) courts of the subjects of the Russian Federation.
Literature
law church state conflict
1. Історія Придністровської Молдавської Республіки в 2-х томах.- Тирасполь, РІО ПГУ, 2001. - Т. 2 (друга частина).- С. 426.
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