In accordance with the Constitution of the Russian Federation, one of the foundations of modern government structure Russia is to recognize the right of its constituent republics to have their own constitutions and legislation, and other subjects of the Federation - statutes and legislation(Part 2, Article 5). The right of public authorities and bodies is also recognized local government subjects of the Federation to publish on the basis current constitutions(statutes) and legislation other regulatory legal acts (Parts 4-5 of Article 76) In other words, the possibility of the existence of local legal systems is allowed, which includes many normative acts and, naturally, requires clear internal consistency, without which it is impossible to ensure what is considered to be legality.

Many things should contribute to the establishment of such coherence. These are, first of all, constitutional requirements about the supremacy of the Constitution of the Russian Federation and that it and federal laws are subject to consistent execution throughout the country, that they cannot be contradicted by all other legal acts issued in Russia. A significant role in achieving consistency, as was evident from the material in previous chapters of the textbook, is played by federal courts, their daily activities. Having broad powers, in particular, in exercising constitutional control and control over the legality of actions (or inaction) and decisions of all bodies state power, local governments, public associations And officials, they are constantly adjusting the Russian legal system - clearing it of laws, in whole or in part contrary to the Constitution RF (Constitutional Court of the RF), and other legal acts that do not comply with federal laws (courts general jurisdiction and arbitration courts).

However, this kind of activity of federal courts does not sufficiently fully cover a rather important array of normative legal acts - legislation and other normative legal acts that are issued in the constituent entities of the Federation in the course of their implementation exclusive powers, i.e. on issues of state and public life , in respect of which they are provided full power(Article 73 of the Constitution of the Russian Federation).

This gap in the mechanism for ensuring consistency across legal system and should eliminate the constitutional (statutory) courts of the subjects Russian Federation.

The idea of ​​their establishment began to arise soon after, in the late 80s and early 90s. the search process was outlined effective forms constitutional control. Even then and somewhat later, quasi-judicial bodies began to appear in the republics, territories and regions, which took on the function of ensuring the compliance of local legal acts with republican constitutions and similar acts adopted in other subjects of the Federation. They were called differently - not only constitutional courts, but also committees constitutional oversight, statutory chambers, constitutional chambers.

The first official step towards recognizing the legitimacy of this kind of bodies was taken on December 31, 1996, when the President of the Russian Federation signed the Law on the Judicial System, which was repeatedly mentioned above.

In Part 2 of Art. 4 of this Law it is noted that integral part judicial proceedings of the subjects of the Russian Federation there may be constitutional (statutory) courts of the constituent entities of the Russian Federation.

More specifically, these courts are stated in Art. 27 of the Law. Part 1 of this article outlines their powers. These include consideration of issues of compliance with the constitution (charter) of the subject of the Federation:

§ laws adopted therein;

§ regulatory legal acts of its government bodies;

§ regulatory legal acts of local government bodies;

§ as well as issues of interpretation of the constitution (charter).

The procedure for considering issues of this kind should be determined by the laws of the constituent entities of the Federation. The financing of these courts is also entrusted to the constituent entities of the Federation.

The decision of the constitutional (statutory) court, adopted within the powers granted to it, cannot be canceled no other court(Part 4 of Article 27 of the Law). This emphasizes the autonomy of such courts from all other courts, including the Constitutional Court of the Russian Federation.

Practically the formation of the considered ships are coming extremely slowly. In reality, they arose only in a few subjects of the Federation, for example, in the Republic of Karelia, Sverdlovsk region, Kabardino-Balkarian Republic, Komi Republic, Republic of Bashkortostan. In some places they ceased to exist without having time to form.

Justices of the peace

The question of establishing an additional link in the judicial system, which would allow the courts of the main link of courts of general jurisdiction to be freed from considering minor criminal and civil cases, as well as cases of administrative offenses, is a subject of debate that has lasted a considerable time since varying degrees intensity. He received a lot of attention even in the pre-revolutionary years (see § 2 of Chapter XIII of the textbook). They returned to it in the second half of the 80s. At this stage, the discussion ended with the adoption of the Fundamentals of Legislation USSR and the union republics on the judicial system (November 1889), which provided for the establishment of judges for administrative and executive proceedings at district courts. It was assumed that they would be responsible for reviewing materials about administrative offenses, subordinate to the courts, and issues related to the execution of court decisions.

But later this plan was abandoned. The search for other ways began, and they led to the idea of ​​​​reviving the institutions of justices of the peace that existed before 1917 and bailiffs(about the bailiff service, see § 5 of Chapter XIV of the textbook). Nowadays, the idea of ​​​​reviving the institution of justices of the peace is beginning to take on real shape; first passed on December 31, 1996, the Law on the Judicial System in general outline outlined the “contours” of this institution (see Article 3, Parts 2 and 4, Article 4, Part 1, Article 6, Part 2, Article 10, Part 8, Article 13, Part 2, Article 17, Part 2 of Art. 21, Art. 28 and Part 2 of Art. 33), and then a law appeared that decided the majority specific issues its organization and principles of activity, - Law on Justices of the Peace (December 17, 1998).

In accordance with this law, magistrates' courts (magistrates) are established in all constituent entities of the Russian Federation. They are endowed with a unique position in the judicial system - they are classified as headed Supreme Court The Russian Federation courts of general jurisdiction are part of their system, but are not federal courts. They are the courts of the constituent entities of the Federation, although their funding should come from the federal budget. When administering justice in civil and criminal cases, these courts are required to follow federal laws. Only when considering materials about administrative offenses is it permitted, in the absence of federal rules, to resort to the rules of legal proceedings established by the laws of the constituent entities of the Federation.

It is also significant that most questions of their organization and powers are subject to regulation in federal laws. The jurisdiction of the subjects of the Federation includes only determining the procedure for appointing (electing) justices of the peace and establishing some rules relating to their organization and activities. They must make their decisions in the name of the Russian Federation, and these decisions are also of generally binding significance as acts of justice of federal courts (see § 1 of Chapter IV of the textbook).

Justices of the peace and members of their families are subject to guarantees of the dependence of judges, their immunity, as well as material support And social protection, set for federal judges The Law on the Status of Judges and other federal laws (see § 1-3 of Chapter XII of the textbook).

Total number of magistrates and number of court districts subject of the Federation determined by federal law on the legislative initiative of the corresponding subject of the Russian Federation, agreed with the Supreme Court of the Russian Federation, or on the initiative of the latter, agreed with the corresponding subject of the Russian Federation. Judicial areas are created based on the population in one area from 15 to 30 thousand people. In administrative-territorial entities with a population of less than 15 thousand people, one judicial district is created.

""The competence of justices of the peace is defined quite broadly. They must individually consider at first instance:

§ criminal cases involving crimes for which a maximum penalty not exceeding two years of imprisonment can be imposed;

§ extradition cases court order;

§ cases of divorce, if there is no dispute about children between the spouses;

§ cases on the division of jointly acquired property between spouses;

§ other cases arising from family legal relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation parental rights, about the adoption of a child;

§ cases of property disputes where the value of the claim does not exceed five hundred minimum sizes wages, established by law at the time of application;

The own judicial system of the subjects of the federation is important element federalism. Based on the level of its development, one can judge the degree of independence of subjects in relationships with federal center. In the Russian Federation, the judicial system of the constituent entities has an extremely truncated form. It includes only constitutional (statutory) courts and magistrates. The latter are actually built into the system of federal courts of general jurisdiction: salary they are paid from federal budget, their decisions are appealed to federal district courts, legal proceedings are conducted according to federal procedural codes. Under these conditions, the only truly regional courts are the constitutional (statutory) courts of the subjects.

Today, there are Constitutional (Charter) courts in 16 constituent entities of the Russian Federation. Among them are 13 republics (Adygea, Bashkortostan, Dagestan, Ingushetia, Kabardino-Balkarian Republic, Karelia, Komi, Mari El, Sakha (Yakutia), North Ossetia- Alania, Tatarstan, Tyva, Chechen Republic), two regions (Kaliningrad region, Sverdlovsk region) and one city federal significance(Saint Petersburg). Another 28 subjects of the Russian Federation (4 republics, 1 federal city, 1 autonomous region, 20 regions, 2 territories) provided in their own constitutions and charters the possibility of creating these courts.

Until recently, similar institutions of state power also existed in the Republic of Buryatia and the Chelyabinsk region. However, in the first subject the activity of the Court was suspended in 2013., and in the second - the Court was completely abolished by the legislative body of the region in 2014, despite the fact that in Buryatia the Constitutional Court, according to the judges themselves, considered enough large number affairs . The main motives are reduction budget expenditures and the uselessness of courts due to active and coordinated work federal system courts of general jurisdiction (hereinafter - COJ). True, the media notes that the background to abolition can also be the political situation in the subject, the manifestation of disagreements between the various branches of government of the subject and the loss of prestige by the Constitutional (Charter) Court of the subject.

Thus, the small number of Constitutional (Charter) courts is relatively total number subjects of the Russian Federation and the desire of the current regional authorities to eliminate already existing authorities, as well as the controversy flaring up around this, prompts a logical question: is today the system of Constitutional (Charter) courts of the constituent entities a necessity aimed at protecting the constitutional rights and freedoms of citizens in various parts of Russia from the arbitrariness of local officials, or is it still some constituent entities of the Russian Federation retain this institution of power only as an element of prestige to give themselves special status in comparison with the vast majority of other regions?

To begin with, it is worth paying attention to the statistics of consideration of cases by the Constitutional (Charter) courts of the constituent entities. Data analysis seems to be the most optimal annual period. In 2015, all courts ruled total 179 acts, of which 47 resolutions and 132 definitions. On average, each court has approximately 11 judicial acts of all types. The unconditional outsiders are the Constitutional Courts Chechen Republic and Tyva, who are for last year not a single act was issued. One can also single out regions with “dead” courts, such as Adygea, Dagestan, Ingushetia, Kabardino-Balkaria, in which literally only one decision was made on the merits.

The most intensively working court is the Statutory Court Kaliningrad region. This court has occupied the leadership position for more than one year, consistently issuing several dozen rulings and 7-10 resolutions. The Constitutional Court of the Republic of Tatarstan can also be considered relatively efficient, having issued 5 decisions and 18 rulings last year.

The leader in the number of appealed legal acts is municipal law. The most various acts: from master plans settlements and administrative-territorial boundaries between municipalities to educational programs and rules for landscaping. The second place in the number of cases is occupied by constitutional law, namely requests from deputies or authorized bodies on the interpretation of the Charters (Constitutions) of the subjects. Among other branches of law that concern society - law social security And housing law. IN in this case Citizens turn to the courts in cases of violation of their personal rights and freedoms due to the establishment of excessively high tariffs for major renovation or deprivation of certain categories of citizens of benefits.

However, it should be noted that in this case we're talking about about everyone procedural documents, which may show the degree of workload of a particular court, but do not indicate the number of cases that were considered on their merits. As noted above, all the courts in question adopted 47 decisions: i.e. Only 47 cases were considered on their merits. So, for example, in Constitutional Court Of the four rulings issued in the Republic of Adygea, three are refusal to accept the complaint, and only one is the acceptance of the complaint for consideration, but there are no cases brought to their logical conclusion in the form of specific resolutions for 2015. In the Constitutional Court of the Republic of Karelia there are five refusal definitions and two on termination of proceedings in the case, and only two decisions that resolved the cases on the merits. The situation is approximately similar in the Statutory Court of St. Petersburg. Tatarstan, previously indicated as a region with active current court, also cannot boast of rich practice: out of 18 rulings, only 4 complaints were accepted by the court for consideration. In general, final decisions are on average 3 times less than the number of complaints received by these courts. These data may indicate an extremely low workload of the Constitutional (Charter) courts of the constituent entities, since there are only a few cases that have been fully considered.

For comparison, you can refer to the statistics of the activities of courts of general jurisdiction in considering cases challenging regulatory legal acts. In 2015, district courts made 1,411 decisions on issues of challenging regulatory legal acts, regional and equivalent courts - 761 decisions. At the end of the year, there were still 330 pending cases in courts of all levels in this category of cases. The average SOY load is as follows. In the Russian Federation today there are 2,189 district and 97 regional and equivalent courts. Consequently, two district courts, on average, account for 1.5 resolved cases per year, and the regional and equivalent courts have approximately 8 cases.

These data are not fully comparable with the statistics of constitutional (statutory) courts, since they include information on challenging legal acts for their compliance federal legislation. However, even if we assume that cases of challenging departmental acts of bodies executive branch subjects of the Russian Federation and regulatory legal acts of local governments for compliance with higher ones regional acts constitutes at least a third of all cases in this category, then this indicator will be comparable to the number of decisions made by the Constitutional (Charter) courts of the constituent entities. In addition, we should not forget that the analyzed units of the COJ also consider civil, criminal and other cases arising from public legal relations. So, for example, district courts in 2015, only 4,615,487 civil and administrative cases were completed, and 507,417 criminal cases.

The main idea is obvious: SOYU today are already overloaded with cases from various legal areas, and consideration of cases challenging acts or actions of bodies and officials of constituent entities or local government looks unnecessarily stupid. It would be quite correct to think about redistributing the load between the COJ and the Constitutional (Charter) courts of the constituent entities of the Russian Federation.

So, the activity of the Constitutional (Charter) courts is low. But what are the results of their decisions? In general, statistics show that courts are more inclined to recognize certain norms as consistent with the Charter or Constitution of the subject: of all the decisions made in 2015, 30 judicial acts recognized the challenged norms as constitutional, and 15 decisions stated that the norms violated the provisions Basic Law of the subject. In some regions, courts always or almost always recognize the contested acts as consistent with the Constitution or Charter. For example, last year in the Constitutional Court of the Republic of Bashkortostan and in the Statutory Court of the Kaliningrad Region there was not a single annulling decision. And in the Constitutional Courts of the Komi Republic and the Republic of Tatarstan, such decisions are in the minority.

The next issue to consider is cost. regional budgets for the maintenance of the Constitutional (Charter) courts of the constituent entities. For research purposes this issue need to contact budget reporting those subjects where Constitutional (Charter) courts already exist. But it is not possible to analyze all 16 subjects within the framework of this article, so it was decided to look at the budgets of the richest and poorest regions. The differentiation criterion was: the level of income of the subject, including gratuitous income from other budgets budget system RF (subsidies, subventions, subsidies, transfers), and the level of expenses of the subject, including for the relevant courts. The more income and the less help a subject receives from “outside,” the more self-sufficient he is.

Separately, it is worth mentioning the Kaliningrad region as the subject with the most actively working court. Having a relatively small, very subsidized and deficit budget (46.1 billion rubles of income and 21.8 billion rubles of gratuitous receipts, 54.4 billion rubles of expenses), 17 million rubles are spent on maintaining the Statutory Court of the region. , that is, 0.0003% of all expenses. This isolated example shows that an actively working court can require sufficient support for a modest amount from the budget, since the average share of expenses of all the above-mentioned entities on the courts in question is approximately 0.0004%. This is a very modest share and cannot in any way overburden the budgets of the subjects. Thus, the analyzed hypothesis of excessive budgetary burden seems untenable. And all subjects of the Russian Federation may well take on such expenditure obligations to create unified system Constitutional (Charter) courts throughout the Russian Federation.

From all the reasoning it is clear that the SOJ are overloaded, and the Constitutional (Charter) courts of the constituent entities have a low load. The problem lies, firstly, in the federal procedural legislation, which provides for the resolution of most disputes federal courts. Secondly, Russia has built a fairly harmonious system higher authorities, in which decisions can be appealed, when, as in the Constitutional (Charter) courts of the constituent entities, the decision is final and cannot be appealed. Thirdly, due to the fact that such courts are almost never found in Russia, people hardly know about them and, as a result, do not trust them. Fourthly, there is also the problem of violation constitutional equality subjects, related to the fact that, logically, the residents of the subjects (as well as legal entities and other subjects civil society), where such courts have not yet been created or their creation is not provided for by law at all, cannot take advantage of this method of protecting their rights, which already exists in entities that have similar judicial bodies. All this, undoubtedly, tramples on the true nature of federalism, undermines its significance, and even, to some extent, neutralizes it.

Thus, in some subjects, constitutional (statutory) courts only imitate the state-like status of a subject of the federation; in other subjects, these bodies still actually participate in the protection of the rights and freedoms of citizens, albeit with to varying degrees efficiency. But in any case, changes are needed that could expand the competence of these courts and make them effective bodies protection of rights. In particular, it is proposed to amend Articles 20, 21, 27 of the FKZ “On the Judicial System of the Russian Federation”, Chapters 3 and 4 of the FKZ “On Courts of General Jurisdiction in the Russian Federation” and Articles 19, 20 of the CAS of the Russian Federation, giving the Constitutional (Charter) courts of constituent entities have the authority to consider cases challenging all regional and municipal acts for compliance not only with regional constitutions (charters), but also regional legislation, as well as cases challenging the actions of bodies of constituent entities of the Russian Federation and local governments in the event of violation by the latter of regional or municipal regulations . As a result, the load on SOY may be reduced, which will be able to tolerate more weighted and informed decisions on other matters.

Undoubtedly, so large-scale judicial reform will be quite complex in its implementation, during which many other contradictions may come to light that were not mentioned in this article. However, putting the court system in order is simply necessary, since the current situation discredits Russia as a state with a federal structure.

CHARTER COURT

special court subject of the Russian Federation carrying out judiciary by reviewing and checking the regulations of government bodies of the relevant constituent entity of the Russian Federation, local government, orders and resolutions of the head of administration (governor) and the regional legislative (representative) body for their compliance with the Charter and laws of the constituent entity of the Russian Federation; official interpretation Charter of a subject of the Russian Federation. U.S. is an analogue of the Constitutional Court of the Russian Federation and the Constitutional Court of the republics within the Russian Federation.

According to Art. 4 Federal Code of Laws of the Russian Federation dated December 31, 1996 No. 1-FKZ "On the judicial system of the Russian Federation" U.S., being the courts of the constituent entities of the Russian Federation, are included in the general judicial system RF.

The creation of a U.S. is provided for by the charters of only a few subjects of the Russian Federation: Voronezh, Kemerovo, Perm, Sverdlovsk, Tomsk, Chelyabinsk regions, Krasnodar, Krasnoyarsk territories, the city of St. Petersburg, and some charters only allow for the very possibility of creating a U.S. IN Novosibirsk region and the Altai Territory provides for the creation of a Statutory judicial chamber. IN Irkutsk region There is a Statutory Chamber, the decisions of which have advisory value.

According to the legislation of the constituent entities of the Russian Federation U.S. are formed with the participation legislature and the head of the administration of a constituent entity of the Russian Federation. Charter Kemerovo region provides that U.s. is constantly acting body consisting of 6 judges appointed

on a parity basis by the Regional Council and the Governor of the region for a period of 5 years. According to the Charter of the Chelyabinsk and Sverdlovsk regions, judges U.S. regions are appointed to this position by the legislative (representative) body of the region on the proposal of the head of administration (governor) of the region.

To candidates for the position of judges of the U.S. there are requirements for Russian citizenship, achievements of a certain age(35 years - in Kemerovo and Novosibirsk, ZOLET - in Sverdlovsk and Chelyabinsk regions), work experience in legal specialty(at least Yulet in the Sverdlovsk region, 5 years in the Kemerovo region), corresponding legal qualifications And moral qualities. The Charter of the Kemerovo Region establishes a residency requirement (residence in the region for at least 5 years).

Decisions made within the competence of the U.S. are binding on everyone on the territory of a constituent entity of the Russian Federation, are final, appealable

are not subject to review.

Dodonov V.I.

Encyclopedia of Lawyer. 2005 .

See what a “CHARTERED COURT” is in other dictionaries:

Legal dictionary

statutory court- a special court of a subject of the Russian Federation, exercising: judicial power by reviewing and verifying normative and legal acts of public authorities of the corresponding subject of the Russian Federation, local government, orders and resolutions of the head... ... Large legal dictionary

Type statutory court Jurisdiction St. Petersburg Date of foundation 2000 Composition appointed Legislative Assembly St. Petersburg Authorized by... Wikipedia

Statutory Court of the City of Moscow- (hereinafter referred to as the Statutory Court) a judicial body of statutory control, independently and independently exercising judicial power through statutory proceedings as a type constitutional proceedings...

Constitutional (statutory) courts

Leading place in the system various mechanisms protection of human rights and freedoms in modern world belongs to the institution of constitutional control. The fundamental norms on the Constitutional Court of the Russian Federation are contained in the Constitution of the Russian Federation, the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. Being part of the judicial system, having similarities with other courts ( general principles legal proceedings, general status judges), the Constitutional Court of the Russian Federation differs from other judicial bodies in its special legal status, and constitutional proceedings - from criminal, administrative and civil. The above concerns the subject of the proceedings, the range of participants, legal proceedings, measures of responsibility, etc.

The Constitution establishes in sufficient detail the procedure for the formation, composition, competence of the Constitutional Court of the Russian Federation, the list of bodies, persons who have the right to appeal to the body of constitutional justice, establishes the provision on legal force And legal consequences decisions of this body.

The goals of the Constitutional Court of the Russian Federation are: protection of the sovereignty of the peoples of Russia; protected constitutional order states; protection of fundamental rights and freedoms of man and citizen; ensuring supremacy and direct action Constitution of the Russian Federation throughout the territory gouaparomm. environment powers The court's special role is given to the right to resolve cases on complaints of violations of the constitutional rights and freedoms of citizens by checking the constitutionality of the law applied or to be applied in specific case. IN recent years the number of individual constitutional complaints has increased, which are an effective mechanism for protecting violated rights enshrined in the Constitution.

A complaint to the Constitutional Court of the Russian Federation must meet several requirements. Firstly, a citizen has the right to appeal to the Court only in case of violation of his fundamental rights and freedoms. Secondly, the unconstitutional, in the applicant’s opinion, norm must be applied in a specific case. The appeal court can check not only the content of the law ( separate norm), but also the procedure for its adoption, signing and publication. In terms of content, only those laws that were adopted before the entry into force of the 1993 Constitution of the Russian Federation are checked.

The federal legislator has vested the Court with the following powers:

1) decide cases on compliance with the Constitution of the Russian Federation:

A) federal laws, regulations of the President, the Federation Council, State Duma, Government of the Russian Federation;

b) constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Federation, issued on issues falling within the jurisdiction of government bodies of the Russian Federation and joint management government bodies of the Federation and government bodies of its subjects;

c) agreements between public authorities of the Federation and public authorities of its subjects, agreements between public authorities of the subjects;

d) international treaties of the Russian Federation that have not entered into force;

2) resolve disputes about competence:

a) between federal authorities state power;

b) between the government bodies of the Federation and the government bodies of its subjects;

c) between the highest state bodies of the constituent entities of the Federation;

give an interpretation of the Constitution of the Russian Federation;

give an opinion on compliance established order bringing charges against the President of the Russian Federation high treason or committing something else felony;

perform with legislative initiative on matters of its jurisdiction.

The court may exercise other powers granted to it by the Constitution of the Russian Federation, the Federal Treaty and federal constitutional laws. The court may also use the rights granted to it by concluded agreements on the delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of its subjects, if these rights do not contradict its legal nature and its purpose as a judicial body of constitutional control. As another power not established by special legislation on the Constitutional Court of the Russian Federation, one can name the right of the Court, at the request of the President of the Russian Federation, to verify, before calling a referendum, compliance with the conditions provided for by the Constitution RF. Court how supreme body constitutional justice, resolves exclusively issues constitutional law and should not resolve issues within the competence of other courts and other bodies.

Constitutional proceedings consist of several stages. The first stage begins from the moment an appeal (request, petition, complaint) is submitted to the Court, which is registered by the Secretariat of the Court. The Secretariat will organize preliminary examination appeals and gives an opinion, after which the Chairman of the Court instructs one or more judges preliminary study appeals. Based on the report, at a plenary session of the Court the issue of accepting or refusing to accept the appeal for consideration is decided and, if accepted, the case is prepared for hearing.

The main stage of constitutional proceedings is trial, which in turn consists of a preparatory part (the competence of the composition of the Court is checked, the appearance of the parties, etc.), consideration of the case on the merits (speech by the reporting judge, research necessary documents, speeches of the parties, etc.), making a decision. The Constitutional Court considers and resolves cases in plenary sessions (all judges of the Court participate in them) and sessions of two chambers, personnel which are determined by drawing lots. In plenary sessions, special consideration is given to important issues: checking the constitutionality of the constitutions and charters of the subjects of the Federation; interpretation of the Constitution of the Russian Federation; giving an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime; approval of the message of the Constitutional Court; resolving the issue of coming up with a legislative initiative on issues related to the jurisdiction of the Court. In addition, in plenary sessions, the Constitutional Court of the Russian Federation resolves organizational issues (election of the Chairman, his deputies, secretary, distribution of cases between chambers, etc.).

At meetings of the chambers, issues that are not subject to mandatory consideration in plenary sessions are resolved. However, the Court has the right to consider any issue within its jurisdiction in a plenary session. The activities of the Court are led by its Chairman, who is elected for three years from among the judges of the Court at a plenary session.

The Constitutional Court of the Russian Federation makes two types of decisions.

Firstly, the final decisions made based on the results of consideration of a specific case within his jurisdiction. They are adopted in the form of resolutions - on issues of compliance with the Constitution of the Russian Federation of federal laws and other regulations, delimitation of powers government agencies, interpretation of the Constitution, as well as conclusions - on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime. All of the above decisions are made at a closed meeting of judges by a majority vote. Voting is open and by name, with the presiding officer voting last. A judge has no right to abstain from voting. If you disagree with by decision he has the right to express a dissenting opinion, which is published along with the decision. Decisions of the Court are final, are not subject to appeal and come into force immediately after their proclamation. Acts declared unconstitutional or their certain provisions lose force, and those recognized as not complying with the Constitution international treaties, which have not entered into force, are not subject to entry into force and application on the territory of Russia.

Secondly, the Court decides on organizational issues activities or on issues of interpretation of previously adopted final decisions. These decisions are made in the form of definitions and are often not formalized in the form separate document, but are set out in the minutes of the meeting (for example, on the issues of electing a chairman, his deputy, a judge-secretary, approval of regulations, acceptance of specific cases for proceedings).

The law provides for liability for non-compliance, improper execution or obstruction of the execution of decisions of the Constitutional Court of the Russian Federation. The execution of Court decisions falls within the competence of state legislative and executive authorities, local government bodies, courts of general jurisdiction, and other law enforcement bodies. The mechanism for executing decisions of the Court is established by Art. 87 Federal constitutional law"On the Constitutional Court of the Russian Federation".

Based on the federal principles of the state structure of Russia, constitutional control carried out at the level of both the Federation and its subjects.

The constitutional (statutory) courts of the constituent entities of the Russian Federation are judicial authorities constitutional (statutory) control. These courts are recognized federal legislator courts of the constituent entities of the Russian Federation. At the same time, they are part of the country's unified judicial system.

Constitutional (statutory) courts are established and abolished by the laws of the subjects of the Federation. They consider issues within their competence in the manner legally established by the subjects of the Federation themselves. They are financed from the funds of the constituent entities of the Federation.

Decisions of constitutional (statutory) courts are made within their competence and cannot be reviewed by other courts.

Constitutional (statutory) courts consider issues of compliance of the laws of the constituent entities of the Federation, regulations of their state authorities, local governments with the constitutions (charters) of the constituent entities. They also provide an interpretation of the constitutions (statutes) of the relevant entities. In addition, they may be vested with other powers within the jurisdiction of the subjects of the Federation.