The Constitutional Court of the Russian Federation in the mechanism of constitutional legal regulation
Автор: Shelegov Yury Vladimirovich
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Конституционное право. Конституционный судебный процесс. Муниципальное право
Статья в выпуске: 1 (96), 2021 года.
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Introduction: the article deals with scientific approaches to understanding the role of decisions of the Constitutional Court of the Russian Federation in the domestic legal system, the opinion is expressed that these decisions are a source of law and regulators of public relations. The article also analyzes the role of decisions of the Constitutional Court in the development of law, strengthening constitutional values, filling gaps in the law and regulating the implementation of decisions of international bodies in the Russian Federation. The article presents the legal positions of the Constitutional Court, characterized by the features of sources of law. Materials and Methods: the normative basis of the study is formed by the Constitution of the Russian Federation, constitutional and legal legislation, decisions of the Constitutional Court of the Russian Federation, scientific research in the field of constitutional law. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods, methods of comparison, analysis, generalization and description. Results of the Study: made it possible to clarify certain provisions related to the lawregulating function of the Constitutional Court, revealed the content and practical significance of its law-regulating activities in preventing the negative consequences of decisions of the European Court of Human Rights, strengthening constitutional values, eliminating gaps in legislation. Findings and Conclusions: the decisions of the Constitutional Court of the Russian Federation are a source of law and actively implement the legal regulation of constitutional and legal relations. Failure to recognize the regulatory function of the Constitutional Court contradicts objectively existing facts. The positivist approach of legal thinking, despite all its consistency and validity, does not allow explaining the current situation with the role of the decisions of the Constitutional Court in the Russian Federation. The analyzed decisions of the Constitutional Court of the Russian Federation made it possible to draw conclusions about its extremely important role in the protection of the constitutional order, the development of constitutional values, and their protection from internal and external threats. At the same time, it is noted that the recognition of certain norms of law or regulatory legal acts as unconstitutional leads to the appearance of gaps in the law, the deadlines for the elimination of which, according to the authors, should be established at the level of federal legislation.
Constitutional court, constitution, constitutional law, gaps in legislation, constitutional control
Короткий адрес: https://sciup.org/143174512
IDR: 143174512 | DOI: 10.24412/2312-3184-2021-1-59-69