Competence of the constititional (statutory) courts of the subjects of the Russian Federation
Автор: Khudoley K.M.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Конституционное, муниципальное и финансовое право
Статья в выпуске: 2 (24), 2014 года.
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Introduction: in article conceptual questions of the competence of the constitutional (statutory) courts of subjects of the Russian Federation are considered. Purpose: in presented article the competence of the constitutional (statutory) courts is analyzed through a prism of objects of the constitutional (statutory) control. Methods: the methodological basis of research is constituted by set of methods of scientific knowledge, including a dialectic method and general scientific methods of knowledge (the analysis, synthesis, an induction and deduction). The author widely used also private-scientific methods of knowledge (legallistic, rather-legal). During scientific search the special attention was given to comparative, system methods of research. Results: the item 27 FCL «About the judiciary of the Russian Federation» not only does not establish the exclusive list of powers of the constitutional (statutoty) courts, but also has no the purpose to fix the uniform list of such powers but only focuses the regional legislator about approximate powers of such vessels by what they can be allocated in case of their establishment in the subject of the Russian Federation. Powers of the constitutional (statutory) courts of subjects of the Russian Federation, fixed in regional Organic laws it is offered to classify according to objects of the constitutional (statutory) control. Conclusions: the measure of freedom of subjects of the Russian Federation in definition of the competence of the constitutional (statutory) courts is not boundless and has the frameworks outlined in the Constitution of the Russian Federation and in the federal legislation. Owing to it today constitutions (statutes) and laws of subjects of the Russian Federation assign to the constitutional (statutort) courts of power, which not subordinated to other courts, in sphere of the control over law-making and official interpretation of the Organic law of the subject of the Russian Federation, in protection of constitutional laws and freedom of citizens, in a right protection and maintenance of leadership of the constitution (statute) of the subject of the Russian Federation and a number of other powers in which the nature of the given bodies as bodies of the constitutional (statutory) control is reflected.
Constitutional (statutory) court, the competence of the constitutional (statutory) courts, the abstract constitutional control, the concrete constitutional control, preliminary constitutional control, disputes on the competence, the subsequent constitutional control
Короткий адрес: https://sciup.org/147202411
IDR: 147202411