Constitutional Court of the Russian Federation and the development of law
Автор: Ostapovich I.Y.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Публично-правовые (государственно-правовые) науки
Статья в выпуске: 3 т.23, 2023 года.
Бесплатный доступ
After making amendments to the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993, in 2020, the Constitutional Court of the Russian Federation, focusing on ensuring a systematic understanding of the updated Constitution as the value-methodological basis of the national future, being at the very center of realizing the meaning and spirit of the Constitution of the state social and public life in all its various manifestations, consistently continues to form the conceptual foundations for the consistent implementation of the Constitution throughout the legal system. The adoption of a law is a complex and multi-stage procedure. At the same time, when adopting a law, the legislator must take into account the socio-economic realities in the country in which the law is adopted. In this regard, the “clumsy” parliament does not always have time to respond quickly and establish the rules of behavior in society that it needs. The complexity of the adoption of the law, therefore, the lack of the ability to quickly respond to changing reality is the basis for judicial law-creativity. One of these bodies should include the Constitutional Court of the Russian Federation. When resolving any dispute about law, the Constitutional Court of the Russian Federation, trying to outline the legal space of possible consent, finds a way to resolve the dispute within such a space. At the same time, the Court evaluates the results of the essential legal principle of equality from the position of the constitutional legal approach and correlates them with the provisions of the Constitution. This article analyzes the domestic doctrine and legal positions of the Constitutional Court of the Russian Federation in the designated area. It is concluded that the development of Russian law through the prism of constitutional control can be associated with the process of formation of scientific, public and legislative interest in the problem of the effectiveness of rule-making and law enforcement in general.
Constitutional court of the russian federation, legal positions, judicial practice, competence, authority, development of law
Короткий адрес: https://sciup.org/147241808
IDR: 147241808 | DOI: 10.14529/law230313