Legislative process in subjects of the Russian Federation through a prism of the constitutional interpretation
Автор: Khudoley K.M.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Конституционное, муниципальное и финансовое право
Статья в выпуске: 4 (22), 2013 года.
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Legislative process besides constitutions (statutes) of subjects of the Russian Federation is regulated also by decisions of the constitutional (statutory) vessels on interpretation of organic laws of subjects of the Russian Federation. In decisions of the constitutional (statutory) vessels there is a concrete definition of the general constitutional positions, lacks in legislative regulation are met, the arisen uncertainty of sense of interpreted positions which interfered with their realization is eliminated. Other understanding and application of interpreted positions by any subjects of the constitutional relations as decisions of the constitutional vessels have obligatory character is thus excluded. All participants of the constitutional relations can scoop the valid sense of positions of constitutions (statutes) of subjects of the Russian Federation about legislative process from decisions of the constitutional (statutory) vessels on interpretation of Organic laws of subjects of the Russian Federation. The author analyzes practice of the constitutional (statutory) justice, and also practice of activity of Constitutional Court of the Russian Federation. In article problem questions of legislative process in subjects of the Russian Federation are analyzed and offers on legislation change are given. In presented article the conclusion becomes, that legal positions of the Constitutional court of the Russian Federation and the constitutional (statutory) courts concerning a legislative process regulation at federal and regional level have much in common, the legislative process caused by uniform logic. Thus available divergences of legal positions are caused by various levels of legal regulation and certain freedom in legal regulation of subjects of the Russian Federation and should not be considered as not legal phenomena. In article the conclusion becomes, that the unity in legal regulation should not be imposed from above, and start with the uniform legal principles developed in practice of parliamentary procedures and recognised during interpretation of corresponding constitutional (statutory) positions by bodies of regional constitutional justice. Though it is necessary to establish, that the certain legal logic of legislative process in subjects of the Russian Federation and at federal level should coincide.
Constitution interpretation, the constitutional court of the russian federation, constitutional (statutory) court of the subject of the russian federation, legislative process, an adoption of law, law, constitutional law, interpretation of the constitutional positions, the interpretation certificate, power to initiate legislation
Короткий адрес: https://sciup.org/147202308
IDR: 147202308