The issues of judicial-procedural legal identity of deputy associations
Автор: Nikitina A.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (50), 2018 года.
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One of the subjects of constitutional-legal relations, the procedural legal identity of which is little investigated, is deputy as- sociations. As a result, the legislation, governing their right to go to court is characterized by a number of conflicts and gaps. Analyzing the right of a group of deputies numbering not less than 1/5 of the total number of deputies of the State Duma to appeal with a request to the Constitutional Court of the Russian Federation, the article author notes that under the domination of one faction in the Russian Parliament and a fairly low number of other factions, such a request becomes impossible, the parliamentary minority actually loses the right to appeal to the Constitutional Court of the Russian Federation. In this connec- tion, the contributor makes the conclusion about the necessity to give the right to the faction in the State Duma (regardless of the number of its members) to submit a request to the Constitutional Court of the Russian Federation on cases about the verification of constitutionality of normative acts of public authorities and agreements between them, as well as international treaties that have not entered in force. The article also raises the issue of the contradiction between the Russian constitutional legislation, which gives the right to a group of deputies, a faction in the State Duma to appeal to the courts of general jurisdiction in cases of dissolution of election commissions, referendum commissions, challenging the decision (inaction) of the State Duma concerning the refusal to terminate the powers of a deputy, and the Code of Administrative Procedure of the Russian Federation, the general provisions of which do not provide for the right of deputy associations to be administrative plaintiffs. The article offers solutions to these issues.
Constitutional-legal dispute, constitutional conflict, deputy association, constitutional court of russian federation, courts of general jurisdiction, code of administrative procedure of russian federation
Короткий адрес: https://sciup.org/14119943
IDR: 14119943