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Реферат Legal globalization: law, inevitability, prospects





causes presence of plurality of collisions, first of all in the sphere of questions related to joint conducting of the federal center and the subjects. Besides in a number of subjects there are no bodies of the constitutional justice, and accordingly there appears the problem of the legal sanction of cases related to jurisdiction to the given bodies of legal proceedings. The question is, whether bodies of the constitutional (charter) justice of subjects are necessary if a number of subjects quite easy without the given bodies manage to operate (for example, Moscow, the Leningrad region, the Krasnodar and the Krasnoyarsk territories and etc).the law does not stipulate the mechanism connected with appeal and revision of decisions adopted by bodies of the constitutional justice, both at the regional, and at the federal levels. It turns out, that any decisions are final and are not subjected to appeal (protest). In the situation when in the structure of courts a number of judges do not possess essential experience in the sphere of directly judicial activity the given situation can hardly be considered optimal. Taking into account possible in any social system of the tendencies of subjectivity and bias of adopted decisions, and, unfortunately characteristic for the domestic judicial system (the same as for other state structures) corruption, it is necessary to admit, that absence of system of cassation and supervision concerning adopted by judges of the Constitutional Court law enforcement and interpretation acts significally reduces the effectiveness of the system of the constitutional justice and in fact puts it above the law.


IV. To the question about execution of decisions of the Constitutional Court


Efficiency of legal influence is determined by its productivity. Referring to the judicial enforcement it means execution of the judgement. At the same time, taking into account high probability of refusal of the person from voluntary execution of unprofitable personally for him judgement the legislator has provided the mechanism of compulsory executive proceeding. Such mechanisms are generated and function in the spheres of criminal, civil, military, arbitration justice. However, in the system of the constitutional justice till present there has not been created the mechanism of compulsory execution of judgement that gives to its decisions, in fact the declarative character.


V. Problems and prospects of the domestic constitutional justice

the above mentioned, it is necessary to make the conclusion that the domestic constitutional justice is being developed at present.is necessary to allocate factors lowering its efficiency as the body of legal proceedings:

The politized character of activity;

Imperfection of normative and, first of all procedural bases determining the order of the constitutional legal proceedings;

Absence of the mechanism of compulsory execution of judgements.it is necessary to specify non sanction of questions connected with differentiation of the jurisdictions and fixing of principles of interaction of the Constitutional Court of the Russian Federation and the constitutional (charter) courts of the subjects.above mentioned negative moments at the same time, do not mean recognition of the system of the constitutional justice useless, or even harmful for the modern judicial system. Any new undertaking has both admirers, and opponents.criticism should not be perceived as an appeal to refusal from the idea of ??the constitutional justice. At present, in our opinion, the most important for Russia is preservation of earlier formed during the last two decades, democratic tradition. Preservation and keeping of the given tradition in many respects is determined by presence in the country of institutes peculiar for the countries of stable democracy. Destiny of still very young Russian democracy depends on one of such institutes as, undoubtedly, is the constitutional justice which perfection must be constantly developed.


Notes


1. The Ministry of Justice of the Russian Federation (Minjust) is a federal executive body, which exercises legal regulation and draws up and actualizes the state policy in the spheres of executing criminal punishments, profession of barrister, notary public, maintaining the work of courts, executing judicial and non-judicial decisions, registration of real estate transactions and rights, registration of births, deaths and marriages, registration of non-commercial organizations (including registration of branches of international and foreign non-commercial non-governmental organizations), registration of associations, political parties and religious organizations...


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