The Letter and the Spirit of the Russian Constitution: 20 Years' Experience of Harmonization in the Light of Constitutional Justice

10.12737/1141 ◽  
2013 ◽  
pp. 5-17
Author(s):  
Николай Бондарь ◽  
Nikolay Bondar
Keyword(s):  
Russian Federation ◽  
Legal Pluralism ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Constitutional Development ◽  
World Outlook ◽  
Russian Constitution ◽  
Constitutional Justice ◽  
The Russian Federation

Based on 20-­year­-old experience of the constitutional development of Russia and the generalization of practice of the Constitutional Court of the Russian Federation in the article there revealed the interrelation between external, formal-­legal and internal, sacred principles of the Constitution of the Russian Federation of 1993 and its spirit. In accordance with the methodology of world outlook and legal pluralism, a combination of legal positivism and natural law in the Constitution, and with regard to the legal and doctrinal nature of decisions of the Constitutional Court of the Russian Federation, there revealed the role of constitutional justice as an institution of social and cultural harmonization of its letter and spirit, the formation of a «live» (court) constitutionalism.

Constitutional Justice in Russia

2009 ◽  
Vol 34 (1) ◽  
pp. 37-69 ◽  
Author(s):  
Jane Henderson ◽  
Marina Lomovtseva
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Federal System ◽  
Relative Role ◽  
Russian Constitution ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Relationship

AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.

The Role of the Russian Constitutional Court in «Constitutionalizing» Procedural Legislation (on the Example of the Principle of Adversarial Proceedings and Equality of the Parties)

2018 ◽  
pp. 58-63
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Specific Situation ◽  
Legal Rules ◽  
Basic Law ◽  
Meta Level ◽  
Russian Constitution ◽  
The Will ◽  
The Russian Federation

Using the example of the principle of adversarial proceedings and equality of the parties, the author discusses the Russian Constitutional Court’s activities on the non-textual development of provisions of the Constitution of the Russian Federation. The author analyzes the constitutional law-making tools of the Court and the mechanism of its influence on legal rules at the constitutional level, and finds that the norms of the Russian Constitution have a huge regulatory potential, but are not able to express the will of the constitutional legislator in relation to each specific situation. In turn, the legal positions of the Constitutional Court of the Russian Federation are an instrument of a more subtle (substantive, targeted, dynamic) constitutional and legal impact. They reveal the semantic values of the norms of the Basic Law, summing up the constitutional legal basis under the provisions checked for compliance with the Constitution of the Russian Federation. The author concludes that the norms of the Basic Law taken in unity with the legal positions of the Constitutional Court of the Russian Federation provide the necessary regulatory effect and form an integrative constitutional and legal regulator at the meta level.

scholarly journals Loyalty to a Constitution and the Problem of Harmonizing the Ideas of Constitutionalism and the Fulfillment of International Obligations in the Field of Human Rights

2018 ◽  
Vol 5 (1) ◽  
pp. 167-180
Author(s):  
I A Kravets
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Protection Of Human Rights ◽  
International Obligations ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Theoretical Foundations

The article discusses the theoretical foundations of the concept of fidelity to the Constitution and judicial constitutionalization of the supremacy of the Constitution, the circle understanding of constitutional hermeneutics, the problem of the relation of constitutional justice and supranational jurisdiction, the role of the new authority of the Constitutional Court of the Russian Federation (consideration of cases on the possibility of enforcing the decisions of the intergovernmental body for the protection of human rights and freedoms) in the system for ensuring the rights and freedoms of man and citizen.

scholarly journals THE CONSTITUTIONAL COURT IN THE SYSTEM OF JURISDICTIONAL BODIES (OF GODLY SINS OF CONSTITUTIONAL JUSTICE)

2017 ◽  
pp. 0-0
Author(s):  
Николай Бондарь ◽  
Nikolay Bondar
Keyword(s):  
Russian Federation ◽  
World Order ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Special Role ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Law ◽  
The Government

Analyzing the place and role of the Constitutional Court of the Russian Federation in the institutional system of national and supranational jurisdictions, there is the author’s approach to the study of this institution in particular through the prism of the so-called constitutional paradoxes (“godly sins”) of the constitutional justice. Among them: legal involvement of the Constitutional Court of the Russian Federation in the resolution of important constitutional questions at the intersection of law and policy; entering into the system of justice and at the same time transcending it as the trial of the government and the law; the legal force of the final acts, which are not laws, can be above the law; the stability of the Constitution in conjunction with socio-historical dynamism, the problems of guaranteeing its supremacy in collaboration with supranational jurisdiction, the need to ensure by the constitutional justice of the Constitutions’ supremacy in collaboration with the international-legal regulation and supranational jurisdictional practices. The article explains that the status characteristics of the national organs of constitutional justice, manifested in the contemporary world order and in relations with bodies of international jurisdiction, have a constitutional good nature and serve as a confirmation of the special role of these bodies in the justice system in modern constitutional democracies.

Constitutional justice and civil society in search of dialogue

2021 ◽  
Vol 30 (4) ◽  
pp. 17-40
Author(s):  
Armen Dzhagaryan
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Power ◽  
Judicial Control ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Government ◽  
Unique Potential

The Russian constitutional justice is going through a stage of deep reforming. Both the nature of the participation of the Constitutional Court of the Russian Federation in the constitutional reform of 2020, as well as the content itself and regulatory consequences have exposed a serious value and institutional crisis of the identity of the Constitutional Court of the Russian Federation in the State-legal system. The main vector of the reform declared in order to “strengthen the role of the Constitutional Court of the Russian Federation” is essentially resulted from the authoritarian, not humanistic paradigm, and leads to the development of the integration of constitutional justice into a unified system of public power remaining without proper legal deterrence. The noted crisis of the identity of the constitutional justice, which reflects the general problems of Russian constitutionalism, is to a large extent a product and expression of a fundamental communicative constitutional crisis, failures in establishing a constitutional dialogue between the government and civil society. At the same time, constitutional justice is not only the object of this communication with its defects and dysfunctions but should act as one of its main subjects, it has a unique extremely important potential for implementing the values and practices of constitutional dialogue with civil society, especially in the conditions of post-socialism. The constitutional dialogue also characterizes the content side of the constitutional justice itself in its modern understanding. In this context, the article discusses both general issues related to the understanding of constitutional dialogue itself and its importance for constitutional justice, as well as some more specific problems of implementing the dialogic model of constitutional-judicial control in Russian realities. Determining the direction of the further evolution of the constitutional justice, which has a unique potential for self-transformation, in any case, is an important area of responsibility of civil society, which itself must remain resolute in organizing the constitutional dialogue, not avoid attempts to initiate it and insist on it.

The Nature of the Russian Trial by Jury

2014 ◽  
Vol 22 (2) ◽  
pp. 115-133
Author(s):  
Nikolai Kovalev ◽  
Alexander Smirnov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Political Role ◽  
Majority Decision ◽  
Jury Trials ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Raison D’État

This paper explores the legal and political role of the jury system in contemporary Russia. It aims to examine whether trial by jury is an essential right of Russian citizens (jurata patriae) or, rather, a prerogative of the state (raison d’état). The main focus of the paper is the analysis of the Russian Constitution and the jurisprudence of the Constitutional Court of the Russian Federation. In particular, the authors consider a recent majority decision of the Constitutional Court, which uphold the constitutionality of the law that abolished jury trials for terrorist, espionage and other crimes against the state.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

7 International Treaties in Russian Judicial and Arbitral Practice

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Russian Constitution ◽  
The Russian Federation

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.

Sign in / Sign up

Export Citation Format

Share Document