justify"> question on normative base of formation and functioning of the constitutional justice relates to the number of debatable. According to the Law about the Constitutional Court Judges of the Constitutional Court of the Russian Federation are guided at realization of their powers solely by the Constitution and the current Federal Law raquo ;. By the way the Chairman of the Constitutional Court, Doctor of Jurisprudence, Professor VD Zorkin in his speech at the opening ceremony of the new judicial year in the European Court on human rights (Strasbourg, January 21, 2005), has even more narrowed the normative basis of activity of the Constitutional Court having declared, that the Constitutional Court of the Russian Federation in the activity is guided exclusively by the Constitution and judges of the Constitutional Court swear solely to it taking to the oath at entering the post .is necessary to note, that the quoted formulations suppose extremely literal interpretation and limit normative base of the constitutional justice solely to two (and, according to the Chairman of the Constitutional Court in general to one) statutory acts, from which only one (namely the Law about the Constitutional Court) has actually tool character.similar situation means presence of the serious blank in the constitutional legislation, and in its turn predetermines decrease in efficiency of the constitutionally-legal regulation.of the designated blank in practice is carried out due to wide application of analogies of the law. Thus, as an argument by which judges of the Constitutional Court are guided at development of projects of decisions, are applied the earlier adopted decisions and resolutions of the Constitutional Court, that gives activity of the given body, in fact, the precedent character.about normative maintenance of activity of the Constitutional Court, it is necessary to note, that till present the problem of parity of material and remedial aspects of the constitutional justice has not been solved (for the sake of justice it is necessary to note, that the given situation has developed in the domestic administrative law). If to apply the method of comparative analysis and branch analogy referring to branches of criminal and civilized cycle it is possible to allocate precisely material and procedural basis submitted with corresponding codes. Referring to the constitutional justice the similar division is rather inconvenient. It is possible to consider the Constitution as the material basis, and the law about the Constitutional Court as the procedural basis with great degree of reserve. The Constitution (despite the declared principle of its direct action) can not be considered as the tool of direct regulation-guarding activity, first of all by virtue of the specialized character of norms forming it. In their majority all its norms are norms of purpose and norms of principles. The Constitution does not practically contain actually behavioral norms characterized by classical three-type structure. And the law about the Constitutional Court of the Russian Federation (which regarding the characteristics of the constitutional process is based on the principle of the Civil Procedural Code) by virtue of the small volume is not capable to regulate precisely the most significant questions in the given sphere. Thus, there are not considered such significant for procedural sphere questions as jurisdiction and jurisdiction of the Constitutional Court, constitutional lawful subjectiveness, conditions and the order of conciliation procedures, etc. Besides the law contains many abstract, in concrete positions and discrepancies lowering its efficiency. In particular, Article 81 says that non execution, inadequate or hindrance to execution of the decision of the Constitutional Court of the Russian Federation leads to responsibility established by the Federal Law raquo ;. However, further in the text of the law the institute of legal responsibility is not considered at all.up it is possible to make the conclusion that the normative base of the constitutional justice at present is rather far from the optimum condition and requires serious completion.
III. Organizational structure of the constitutional justice
As to organizational structure of the constitutional justice. During the present period there have formed two levels of the constitutional justice: federal-presented by the Constitutional Court of the Russian Federation and regional-presented by the constitutional (charter) courts of subjects.our opinion the main problem in the given sphere is the problem of absence of interaction between the equal-level bodies of the constitutional justice. It is necessary to ascertain absence of any, legal mechanism, interaction of the Constitutional Court of the Russian Federation with the constitutional (charter) courts of subjects [2] that...
