The Constitutional Court of the Russian Federation: composition, formation procedure, constitutional functions and powers.

The Constitutional Court of the Russian Federation occupies a special place in the judicial system of the country, performs the functions of the highest body of judicial power to protect the foundations of the constitutional order, the rights and freedoms of man and citizen, to ensure the rule and direct effect of the Constitution throughout the state. The Constitutional Court carries out legal proceedings independently, regardless of other state structures and other subsystems of the judiciary.

The composition, formation procedure, functions, powers and competence of the Constitutional Court are established by the Constitution and the Federal Law “On the Constitutional Court of the Russian Federation” and “On the Judicial System of the Russian Federation”

The Constitutional Court of the Russian Federation consists of nineteen judges appointed by the Federation Council on the proposal of the President of the Russian Federation.

The Constitutional Court of the Russian Federation has the right to carry out its activities if it includes at least three-quarters of the total number of judges.

The main functions of the Constitutional Court of the Russian Federation :

interpretation of the Constitution .

This function is implemented through a special authority for the official interpretation of the constitution and other powers of the constitutional court, which implies in each case the understanding and interpretation of the constitution (casual interpretation) and at the request of competent subjects of law within the framework of constitutional proceedings;

constitutional normative control , the object of which are laws and other regulatory legal acts, domestic and international treaties, law enforcement practice. At the same time, constitutional control can be carried out in the order of abstract and concrete normative control, preliminary and subsequent control;

protection of the rights and freedoms of man and citizen in order to restore violated rights and freedoms on the basis of individual and collective complaints, in the manner of specific normative control, as well as indirectly (indirectly) through the exercise of all other powers of the constitutional court in the procedure of constitutional legal proceedings;

resolution of disputes about competence in order to delineate the subject of jurisdiction and powers between public authorities, between federal and regional authorities, central authorities and authorities of autonomous and other entities endowed with legislative powers, between judicial authorities.

Additional features :

– assistance to lawmaking of representative public authorities;

– implementation of constitutional responsibility for violation of the constitution of the head of state and other senior officials in the order of their removal from office (impeachment), political parties and public associations in the procedure for their suspension or ban;

– giving expert opinions on constitutional issues;

– implementation of constituent and registration acts on issues of constitutional significance.

Powers of the Constitutional Court of the Russian Federation:

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

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

b) the constitutions of the republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the state authorities of the Russian Federation and the joint jurisdiction of the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation;

c) agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities of the constituent entities of the Russian Federation;

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

2) resolves disputes about competence :

a) between federal government bodies;

b) between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;

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

3) on complaints of violation of the constitutional rights and freedoms of citizens , checks the constitutionality of the law applied in a particular case;

4) at the request of the courts , check the constitutionality of the law to be applied by the relevant court in a particular case;

5) gives an interpretation of the Constitution of the Russian Federation;

6) gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation of high treason or the commission of another grave crime;

7) come up with a legislative initiative on issues within its jurisdiction;

The competence of the Constitutional Court of the Russian Federation may be changed only by amending the Federal Constitutional Law.

The Constitutional Court of the Russian Federation decides exclusively questions of law.

The Constitutional Court of the Russian Federation, when exercising constitutional proceedings, refrains from establishing and investigating factual circumstances in all cases when this falls within the competence of other courts or other bodies.

On issues of its internal activities, the Constitutional Court of the Russian Federation adopts the Rules of the Constitutional Court of the Russian Federation.

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