About some questions of appointment of judjes of the constititional (statutory) courts
Автор: Khudoley K.M.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Конституционное, муниципальное и финансовое право
Статья в выпуске: 4 (26), 2014 года.
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Introduction: in article questions of appointment of judges of the constitutional (statutory) courts are analyzed. Purpose: absence of the special law regulating the status of judges of the constitutional (statutory) courts, causes necessity of working out of the general conceptual positions, able to be to be further put in the basis of the similar certificate with a view of maintenance of independence and independence of bodies of the constitutional (statutory) control in subjects of the Russian Federation. Methods: a methodological basis of the given research constitute set of methods of scientific knowledge, including dialectic 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 author is offered to raise the minimum age for candidates on a post of judges of the constitutional (statutory) courts and to appoint judges of the constitutional (statutory) courts to unlimited term or for the term exceeding a term of appointment of the supreme bodies of the government of subjects of the Russian Federation. In the way of appointment to the post of judges of the constitutional (statutory) courts which most full answered a principle of independence of the constitutional (statutory) courts and balance preservations between government branches, would be such at which judges of these courts are appointed with the assistance of all branches of the government of the subject of the Russian Federation. Conclusions: appointment of judges of the constitutional (statutory) courts is the independent phenomenon in the Russian right, caused by special requirements to candidates on a post of judges, to a term of appointment and an order of appointment of the judges, distinct from general provisions of The Law of the Russian Federations «About the status of judges in the Russian Federation».
Constitutional (statutory) courts, constitutional court, constitutional justice, independence of judges, appointment of judges, status of judges, a term of appointment of judges, an order of appointment of judges, age limit of judges, requirements to candidates on a post of judges
Короткий адрес: https://sciup.org/147202464
IDR: 147202464