Decisions of the Constitutional Court of the Russian Federation: concept, types, legal properties. Legal positions of the Constitutional Court of the Russian Federation.

Decisions of the Constitutional Court of the Russian Federation – a legal act adopted by the Constitutional Court of the Russian Federation on the basis of the issue considered by it, which has constitutional significance.

Decisions of the Constitutional Court are divided into three types :

Decrees . Issued on issues of interpretation of the Constitution, on complaints of violation of the constitutional rights and freedoms of citizens, checks the constitutionality of the law applied in a particular case, on cases of compliance with the Constitution of the Russian Federation of normative legal acts, on cases of checking the constitutionality of a law to be applied by the appropriate court in a particular case, disputes over competence.

Conclusion, i.e. the final decision of the Constitutional Court of the Russian Federation on the merits of the request for compliance with the established procedure for accusing the President of the Russian Federation of high treason or committing another serious crime

Definitions. These are all other decisions of the Constitutional Court of the Russian Federation adopted in the course of constitutional proceedings.

The decision of the Constitutional Court of the Russian Federation is final and not subject to appeal.

The decision of the Constitutional Court of the Russian Federation, issued following the results of consideration of the case scheduled for hearing in the session of the Constitutional Court of the Russian Federation, shall enter into force immediately after its announcement.

The decision of the Constitutional Court of the Russian Federation, adopted in the manner prescribed by Article 47.1 (that is, without holding a hearing) of the Federal Constitutional Law “On the Constitutional Court”, enters into force from the day of its publication. Other decisions of the Constitutional Court of the Russian Federation shall enter into force from the date of their adoption.

The decision of the Constitutional Court of the Russian Federation acts directly and does not require confirmation by other bodies and officials. The legal force of the decision of the Constitutional Court of the Russian Federation on the recognition of an act as unconstitutional cannot be overcome by the repeated adoption of the same act.

Acts or their individual provisions, recognized as unconstitutional, lose their force; international treaties of the Russian Federation that have not entered into force and are recognized as inconsistent with the Constitution of the Russian Federation shall not be subject to entry into force and application. Decisions of courts and other bodies based on acts or their individual provisions, recognized as unconstitutional by a decision of the Constitutional Court of the Russian Federation, are not subject to execution and must be reviewed in cases established by federal law.

Legal positions of the Constitutional Court .

The conclusions contained in the operative part of the decisions of the Constitutional Court of the Russian Federation have a constitutional and legal argumentation. The substantive part of the argumentation of the final decision expresses the legal position of the Constitutional Court of the Russian Federation, which is an independent legal phenomenon that operates autonomously.

The legal position of the Constitutional Court of the Russian Federation may coincide with the legal position of the legislator , in which case the law or its separate provision is recognized as consistent with the Constitution. If the legal position of the Constitutional Court does not coincide with the legal position of the legislator , then the Constitutional Court formulates its own legal position. In this case, it is stated in the reasoning part of the decision and serves as a legal basis for the conclusions contained in the operative (resolutive) part of the decision of the Constitutional Court. In a concise form, the legal position can be expressed (duplicated) in the operative part of the decision of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation, as a rule, adheres to the legal positions previously formulated by it , which is a guarantee of the stability of constitutionality and constitutional order. However, the constancy of the legal positions of the Constitutional Court of the Russian Federation does not mean that they cannot be concretized, specified or changed taking into account changes in the Constitution of the Russian Federation and laws, in the public and state life of the country.

The legal positions of the Constitutional Court of the Russian Federation are constitutional and legal provisions that: are included in the content (space) of Russian law; are the result of understanding, interpretation, interpretation of the content and meaning of the Constitution of the Russian Federation in relation to the objects of constitutional control on the basis of cognitive-evaluative logic, such a correlation (comparison) within the competence of the Constitutional Court of the Russian Federation; remove the constitutional and legal uncertainty that has arisen and resolve the constitutional and legal problems that have arisen; have a universal and mandatory-normative character for the participants in the constitutional legal dispute and all other subjects of law and legal relations; serve as a constitutional and legal basis for the final decisions (conclusions) of the Constitutional Court of the Russian Federation, the legal force of which is equal to the legal force of the Constitution of the Russian Federation.

Thus, the legal (constitutional-legal) positions of the Constitutional Court of the Russian Federation are establishments (provisions) of a universally binding nature as a result of the interpretation by the Constitutional Court of the Russian Federation of the Constitution of the Russian Federation in comparison (correlation) with the objects of control within the powers of the Constitutional Court of the Russian Federation, exceeding all other sources in legal force (forms) of Russian law (except for the Constitution of the Russian Federation), which, as a rule, remove the constitutional and legal uncertainty, resolving the constitutional and legal problem that has arisen, and serve as the legal basis for the final conclusions (decisions) of the Constitutional Court of the Russian Federation.

The legal positions of the Constitutional Court of the Russian Federation can be classified on various grounds: by categories of cases resolved in accordance with the powers of the Constitutional Court of the Russian Federation; the nature of their content (material-legal and procedural-legal); spheres of public relations (legal positions in the field of human and civil rights and freedoms, state building, federalism, local self-government, etc.). Other criteria for classifying the legal positions of the Constitutional Court of the Russian Federation are also possible.

According to the nature of cases resolved by the Constitutional Court of the Russian Federation, legal positions can be divided into four types:

1) representing the result of the official interpretation of the Constitution of the Russian Federation;

2) resulting from the identification of the constitutional and legal meaning of the objects of normative control checked for constitutionality (laws and other regulatory legal acts, domestic and international treaties);

3) on disputes about competence;

4) arising from the exercise of other powers of the Constitutional Court of the Russian Federation.

By the nature of the content of the decisions of the Constitutional Court of the Russian Federation, the legal positions contained in them are divided into substantive-legal and procedural-legal. Substantive law serve as a legal basis for responding to applicants’ appeals on the merits.

When considering incoming appeals in sessions, the Constitutional Court of the Russian Federation makes a decision on accepting the appeal for proceedings or on refusing to accept the appeal for consideration. The “refusal” definitions contain the procedural legal positions of the Constitutional Court of the Russian Federation.

The legal positions of the Constitutional Court have two essential properties . The first of these is that the legal position of the Constitutional Court of the Russian Federation is of a general nature , i.e. it applies not only to the specific situation that has become the subject of consideration in the Constitutional Court, but also to all similar (identical, similar) situations, taking place in legal practice.

The second characteristic property of legal positions, as well as the final decision as a whole, is their official and binding character . Decisions and the legal positions of the Constitutional Court contained therein are binding on the entire territory of the Russian Federation for all representative, executive and judicial bodies of state power, local governments, enterprises, institutions, organizations, officials, citizens and their associations (Article 6 of the Federal Constitutional Law July 21, 1994).

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