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The constitutional court is composed of powers. What does the Constitutional Court do

Divorce
03.06.2020

Keywords: composition, structure, powers, constitutional, court, RF

Constitutional Court of the Russian Federation- a judicial body of constitutional review, independently and independently exercising judiciary through constitutional proceedings.

Powers, order of formation and activity The Constitutional Court RF are determined by the RF Constitution ( Art. 125) and FKZ "On the Constitutional Court of the Russian Federation" July 21, 1994 (as amended on February 5, 2007).

The Constitutional Court of the Russian Federation consists of 19 judges , appointed to office by the Federation Council on the proposal of the President of the Russian Federation ... The Constitutional Court has the right to carry out its activities if it includes at least three quarters of the total number of judges. Powers of the Constitutional Court, Judge of the Constitutional Court Russian Federation are not limited in time. Age limit tenure as a judge of the Constitutional Court of the Russian Federation - seventy years .

A judge of the Constitutional Court of the Russian Federation shall be deemed to have taken office from the moment he takes the oath. His powers end on the last day of the month in which he turns seventy. A judge of the Constitutional Court of the Russian Federation who has reached the age limit for holding the office of a judge continues to perform the duties of a judge until a final decision is made on a case started with his participation, or until a new judge is appointed to the office.

The Constitutional Court has broad powers. In order to protect the foundations constitutional order, fundamental human and civil rights and freedoms, ensuring the supremacy and direct action of the Constitution of the Russian Federation throughout its territory Constitutional Court of the Russian Federation:

1) resolves cases on compliance with the Constitution of the Russian Federation :

a) Federal Law, regulations of the President of the Russian Federation, the Federation Council, State. Duma, Government of the Russian Federation;

b) the constitutions of the republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of state bodies. authorities of the Russian Federation and joint jurisdiction of state authorities. authorities of the Russian Federation and state authorities. the power of its subjects;

c) contracts between state authorities. authorities of the Russian Federation and state authorities. power of its subjects, treaties between state bodies. the authorities of the constituent entities of the Russian Federation;

d) not entered into force international treaties RF;

2) resolves disputes about competence :

a) between federal authorities state authorities;

b) between state bodies. authorities of the Russian Federation and state authorities. the power of its subjects;

c) between the highest state. bodies of the constituent entities of the Russian Federation;

3) on complaints of violation of constitutional rights and freedoms of citizens and at the request of the courts, verifies the constitutionality of the law applied or subject to application in a particular case;

4) gives an interpretation of the Constitution of the Russian Federation ;

5) gives an opinion on compliance established order bringing charges against the President of the Russian Federation in the state. treason or other grave crime;

6) performs with legislative initiative on issues of its jurisdiction ;

7) carries out other powers provided to him by the Constitution of the Russian Federation, the Federal Treaty and the FKZ; may also enjoy the rights accorded to him by prisoners in accordance with Art. 11 of the Constitution, treaties on the delimitation of jurisdictions and powers between state bodies. authorities of the Russian Federation and state authorities. power of its subjects, if these rights do not contradict his jurid. nature and purpose as a judicial body of constitutional review.

It should be emphasized that The Constitutional Court of the Russian Federation decides exclusively on issues of law... When carrying out constitutional proceedings, he refrains from establishing and investigating factual circumstances in all cases when it falls within the competence of other courts or other bodies . On questions of its internal activities The Constitutional Court of the Russian Federation adopts the Rules of the Constitutional Court of the Russian Federation .

The Constitutional Court of the Russian Federation considers and adjudicates cases in plenary and chambers .

The Constitutional Court consists of two chambers with 10 and 9 judges, respectively. The composition of the chambers is determined by drawing lots, the procedure for which is established by the Rules of Procedure of the Constitutional Court.

In plenary sessions all judges of the Constitutional Court participate, in chambers - judges who are members of the respective chamber.

The composition of the chambers should not remain unchanged for more than three years in a row. The President and the Deputy President of the Constitutional Court cannot be members of the same chamber.

The order in which the judges who are members of the chamber exercise the powers of the presiding judge in its sessions shall be determined at the session of the chamber.

The Constitutional Court has the right to consider in a plenary session any issue within its competence. Exclusively in plenary sessions the Constitutional Court : 1) resolves cases on the correspondence and the Constitution of the Russian Federation of the constitutions of the republics and charters of the constituent entities of the Russian Federation ; 2) gives an interpretation of the Constitution of the Russian Federation ; 3) gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation in the state. treason or other grave crime; 4) accepts messages from the Constitutional Court ; 5) decides the issue of speaking with legislative initiative on issues of their jurisdiction.

Constitutional Court in plenary sessions also: 1) elects President, Vice-President, Judge-Secretary The Constitutional Court; 2) forms staff of chambers The Constitutional Court; 3) adopts the Regulations The Constitutional Court and makes amendments and additions to it; 4) establishes the sequence of consideration of cases in plenary sessions and also distributes cases between the chambers; 5) makes decisions on the suspension or termination of the powers of a judge of the Constitutional Court , and on early dismissal of the Chairman, Deputy Chairman and Judge-Secretary Constitutional Court.

In sessions of the chambers, the Constitutional Court adjudicates cases that are within its jurisdiction and are not subject to consideration exclusively in plenary sessions. These cases include: 1. Cases on the correspondence and the Constitution of the Russian Federation: a) Federal Law, regulations of the President of the Russian Federation, the Federation Council, State. Duma, Government of the Russian Federation ; b) laws and other regulations of the constituent entities of the Russian Federation published on issues related to the jurisdiction of state authorities. authorities of the Russian Federation and the joint jurisdiction of state authorities. authorities of the Russian Federation and state authorities. the power of its subjects; v) agreements between state bodies. authorities of the Russian Federation and state authorities. power of its subjects, treaties between state bodies. authorities of the constituent entities of the Russian Federation ; G) international treaties of the Russian Federation that have not entered into force .

2. The Constitutional Court in the sessions of the chambers also resolves disputes on the competence: a) between fed. bodies of state. authorities ; b) between state bodies. authorities of the Russian Federation and state authorities. power of its subjects ; v) m / at the highest state. bodies of the constituent entities of the Russian Federation .

The Constitutional Court was formed in 1990. In 1993, its activity was terminated during the coups, then resumed with the adoption of the Constitution.

Constitutional Court - judicial body of constitutional review, independently and independently exercising judicial power through constitutional proceedings

Constitutional Court of the Russian Federation consists of 19 judges (included in the 1st and 2nd chambers) appointed by the Federation Council on the proposal of the President of the Russian Federation.

Powers:

1. Consideration of cases on compliance with the Constitution of the Russian Federation:

a) federal laws, regulations.

b) constitutions of republics, statutes, as well as laws and other normative acts of the constituent entities of the Russian Federation.

c) agreements between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation.

d) international treaties of the Russian Federation that have not entered into force.

2. Settlement of disputes about competence:

a) between federal government bodies.

b) between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation.

c) between the highest state bodies of the constituent entities of the Russian Federation.

3. Verifies the constitutionality of the law applied or to be applied in a particular case.

4. Provides an interpretation of the Constitution of the Russian Federation.

5. Acts or their individual provisions, declared unconstitutional, become invalid; international treaties of the Russian Federation that do not comply with the Constitution of the Russian Federation are not subject to entry into force and application.

6. At the request of the Federation Council, the Constitutional Court of the Russian Federation issues an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime.

7. Comes out with an initiative on legislation.

Tasks:

1. Protects the foundations of the constitutional order, human rights, citizenship;

2. Ensures the supremacy and direct action of the Constitution of the Russian Federation throughout the country;

3. Solves exceptional questions of law.

Decisions of the Constitutional Court of the Russian Federation, their types and significance.

Types of solutions:

    Ordinance (on most issues)

    Conclusion (final decision on the merits of the issue of compliance with the established procedure for bringing charges against the President of the Russian Federation of treason or committing another grave crime)

    Definition (all other decisions)

    A special place is occupied by decisions of the Constitutional Court on the organization of work ( Regulations Constitutional Court and other acts), statements and others, taken outside the framework of constitutional proceedings.

They are not subject to appeal, come into force immediately after the decision is made, are binding on all state bodies, organizations, officials, citizens.

16. Constitutional (statutory) courts of the subjects of the Russian Federation.

Constitutional (statutory) court is a court created by a constituent entity of the Russian Federation to consider issues of compliance with the laws of constituent entities of the Russian Federation, regulatory legal acts of state authorities of a constituent entity of the Russian Federation, bodies local government of the subject of the Russian Federation, the constitution (charter) of the subject of the Russian Federation, as well as for the interpretation of the constitution (charter) of the subject of the Russian Federation.

Legal basis: FKZ "O judicial system Russian Federation".

The constitutional (statutory) court of a constituent entity of the Russian Federation may submit claims of citizens living in the territory of the municipality, as well as local governments and their officials, on the invalidation of acts of government bodies and government officials, local government bodies, enterprises, institutions, as well as public associations.

The decision of the constitutional (charter) court of a constituent entity of the Russian Federation, adopted within the limits of its authority, cannot be reviewed by another court.

Funding of the constitutional (statutory) court is carried out at the expense of the budget of the corresponding constituent entity of the Russian Federation .

The Constitutional Court of the Russian Federation, according to many experts, is one of the key authorities in terms of state stability and the quality of political governance of the country. It is interesting to study its structure, competencies, as well as the range of powers. What sources of law govern each of these aspects? What are the features of the work of judges of the Constitutional Court of the Russian Federation?

Definition

What is the definition of the Constitutional Court of the Russian Federation? Current legal acts may be the correct sources from where we can take the necessary formulations. Many lawyers prefer, for example, to take as a basis the provisions of the corresponding. According to the wording, in this source the authority in question is recognized as a body of constitutional review, which is independent and autonomous.

As we can see, the definition sounds simple enough. In some cases, the instance under study is referred to as the Federal Constitutional Court of the Russian Federation, but this, strictly speaking, is not entirely true. In the relevant sources of law, there is no such definition of the studied authority.

The main source of law, in accordance with which the Constitutional Court operates, is the Constitution of the Russian Federation, the fundamental law of the state. According to it, the instance in question belongs to the highest federal authorities. The key competences of the Constitutional Court of the Russian Federation include consideration of court cases related to the analysis of laws and other types of legal acts for compliance with the basic law of the country, its interpretation and resolution of relevant disputes. The definition of the Constitutional Court of the Russian Federation is also given in the corresponding federal law.

terms of office

The instance in question carries out its activities within the framework of two chambers. In the first, 10 judges work, in the second - 9. Each is completed according to the lot and regulations. There is an opinion among lawyers: the term of office of the Constitutional Court of the Russian Federation in terms of the functioning of the chambers in an unchanged composition is three years. This point of view correlates with the provision of Article 20 of the Federal Law regulating the activities of this authority. However, there is no such requirement that the judges must change at the same time. Moreover, none of the laws reflects the conditions under which this authority can terminate its activities. Therefore, we can say that the term of office of the Constitutional Court of the Russian Federation of Russia is not limited by law.

The judges of the Constitutional Court of the Russian Federation are appointed by the Upper House of the Federal Assembly on the proposal of the head of state. They can carry on activities until they reach the age of 70 years. True, this rule does not apply to the President of the COP. This official is also approved on the proposal of the President of the Russian Federation by the Federation Council and is selected from among the acting judges. The term of office for this position is 6 years. Under similar conditions, the Deputy Chairmen of the Constitutional Court of the Russian Federation are appointed.

Ordinary employees also work in the Constitutional Court of the Russian Federation. They form the apparatus of the Constitutional Court of the Russian Federation, the main structure of which is the Secretariat. Employees of the Constitutional Court of the Russian Federation ensure the work of the Court in terms of organizational nuances, scientific and analytical directions, information and reference support, and also help judges in their work.

The Constitutional Court carries out its functions in St. Petersburg. In this case, meetings can be held, if this authority deems it necessary, in any other city. A representative office of the Constitutional Court of the Russian Federation has also been opened in Moscow. It is responsible, in particular, for the interaction of the Constitutional Court with other authorities in the capital.

Appointment and work of judges

Let us consider the aspect related to the appointment, as well as the work of judges in the Constitutional Court of the Russian Federation, in more detail. The corresponding position in the studied authority can be taken by a citizen of Russia who is 40 years old, who has a diploma of graduation from a university in a legal specialty. The minimum professional experience is 15 years. Judges of the Constitutional Court of the Russian Federation are appointed, as we noted above, by secret ballot of senators. In order for a person to be appointed as a judge of the Constitutional Court of the Russian Federation, it is enough for him to gain a simple majority of votes. Upon the fact of elections, the Chairman of the Federation Council shall swear in the elected judge.

The activities of citizens of the Russian Federation in the corresponding position in the Constitutional Court of the Russian Federation is incompatible with a number of other activities, such as, for example, working as a deputy of the Federal Assembly and other bodies the legislature... You cannot hold government or public positions, engage in business and other work that may somehow interfere with the performance of basic labor functions. At the same time, judges of the Constitutional Court of the Russian Federation can teach, engage in science or creativity.

Who can apply to the Constitutional Court of the Russian Federation?

Citizens, authorities or organizations can interact with the Constitutional Court of the Russian Federation through a request, complaint or petition. V general case, the reason for the Constitutional Court of Russia to make a decision to start the consideration of the case may be uncertainty as to whether a certain normative act complies with the basic law of Russia. The complaint, petition or request to the Constitutional Court of the Russian Federation must be accompanied by the text of the legal act, which must be checked for constitutionality. Witnesses and experts may be called to attend the hearing.

Legal force of decisions of the Constitutional Court

The decisions of this authority are binding on federal and regional legislative, executive and judicial authorities, citizens, organizations and public associations, including the head of state. Thus, none of the subjects of social and political processes has the right to issue instructions in relation to the Constitutional Court. Since the powers of the Constitutional Court of the Russian Federation imply affecting the direct interests of the state, there are certain guarantees of independence in relation to this authority. The authority in question can carry out its activities, having financial, organizational, and also material autonomy from other institutions of power, with the amendment that the financial support of the work of judges is carried out at the expense of the budget.

Constitutional Court and other authorities

Others also interact with the Constitutional Court of the Russian Federation. higher bodies authorities: the President, the State Duma, the Federation Council, as well as the Government. They appoint permanent representatives in this instance who are directly involved in court hearings and can take some position on the cases under consideration.

Thus, according to experts, the institutions of constitutional law in the Russian Federation are represented not only by the Court of the relevant competence, but also by all the basic structures of political power. However, by participating in the hearings, these authorities are not entitled to exert any pressure on judges considering cases.

Specificity of competencies

According to the model that forms Russian constitutional law, the Constitutional Court of the Russian Federation has a competence called "bound". What does it mean? Literally the following: the powers of the Constitutional Court of the Russian Federation can be exercised only if there are requests from the subjects of socio-political processes provided for by the main law of the state. Thus, this authority is not empowered to consider cases on the basis of the initiative of its member judges. At the same time, this type of powers of the Constitutional Court of the Russian Federation can be exercised within the framework of the use of the right of legislative initiative. This is stated in the main law of the country, in its 104th article.

Specificity of decisions taken by the Constitutional Court

What are the features of the decisions of the Constitutional Court of the Russian Federation? First of all, we note that the decisions, as well as the conclusions of this authority are published immediately after their adoption by the Constitutional Court of the Russian Federation in official publications. Regarding legal force, which is possessed by any decisions of the Constitutional Court of the Russian Federation, it is worth noting that they are not subject to any appeal. The actions of the Constitutional Court of the Russian Federation should not receive any confirmation from other authorities. If, for example, the Constitutional Court adopted a decision to recognize a certain legal act contradicting the fundamental law of the state, then its re-adoption cannot be an instrument to circumvent the decision. The corresponding sources of law become null and void.

So we learned important aspects: the specifics of the activities of such a body of power as the Constitutional Court of the Russian Federation, composition. The powers of this instance, as well as the peculiarities of their implementation - this is the next object of consideration.

Powers of the Constitutional Court of the Russian Federation: Interpretation of the Constitution

What are the key powers of the Constitutional Court of the Russian Federation? These include, in particular, the interpretation of the basic law of the country, that is, an explanation of the meaning of the formulations contained in it, with the aim of a clear perception of the relevant provisions for all participants in the socio-political process. Also, the interpretation of the Constitution of the Russian Federation is carried out by the court for the purpose of correct adaptation legal regulations the basic law to reality, eliminating the ambiguity of the wording.

This kind of authority of the Constitutional Court of the Russian Federation is exercised in accordance with the request of other higher federal structures authorities, as well as political institutions of the constituent entities of the Russian Federation. The interpretation of the main law of the country has the highest legal force in relation to any acts related to law enforcement practice.

Checking legal acts for compliance with the Constitution

What are the other key powers of judges of the Constitutional Court of the Russian Federation? These include the verification of legal acts for compliance with the main law of the state. The corresponding wording, which endows this authority with such powers, is contained, in particular, by the Law on the Constitutional Court of the Russian Federation. A possible reason for studying certain norms and legal acts for compliance with a key source of law for the state may be requests or complaints from authorities, other courts, as well as citizens of Russia.

The subjects that can be formed with the subsequent consideration of the case in the Constitutional Court, if we are talking about state bodies, can be the President of Russia, the Federation Council, the State Duma, the Government, the Supreme, as well as the Supreme Arbitration Courts and political institutions in the constituent entities of the Russian Federation.

Correlation of laws with the rights and freedoms of citizens of the Russian Federation

As part of the process of considering requests and complaints related to the determination of the constitutionality of legal acts by the Court, precedents are often studied. possible violation rights and freedoms guaranteed by the laws of the Russian Federation. Citizens who believe that their interests have been violated due to some formulations in the laws can apply to the authority in question. At the same time, the Constitutional Court should not study the circumstances that confirm the fact of violation of human rights and freedoms. His authority can only be associated with the fact that to examine the normative act for compliance with the fundamental law of the state.

Constitutional Court and impeachment of the President

Above, we noted that the institutions of constitutional law in Russia are represented along with the structures of the highest judicial bodies, but, according to some experts, also by all the rest. government bodies the authorities of the Russian Federation. At the same time, the relevant political institutions may have not only rights in the aspect of participation in the constitutional process, but also duties and responsibilities. Responding to relevant violations is also among the powers of the instance we are considering.

The Constitutional Court of the Russian Federation can participate in the process of impeachment of the President - a procedure related to the identification of a fact or other offense committed by the head of state. This kind of authority implies that the authority we are considering gives an opinion regarding the correctness of the mechanism by which the President of the Russian Federation is accused of something. The Constitutional Court does not determine how serious the violation committed by the President is, considering, rather, procedural aspect... It is being studied how correctly the State Duma and the Supreme Court of the Russian Federation accuse the head of state. The corresponding request to the Constitutional Court of the Russian Federation can be formed by the Federation Council.

Disputes over power competencies

Studying the powers of the Constitutional Court of the Russian Federation, briefly examining them, one can also pay attention to the next aspect of the activity of this authority - the resolution of disputes related to the definition of the competence of certain political institutions. The fact is that in a number of cases, disagreements may arise between bodies at the federal or regional level. The Law on the Constitutional Court of the Russian Federation allows the relevant instance to assist in resolving such disputes. Any authority has the right to apply to the Constitutional Court of the Russian Federation. A complete list of political institutions is indicated in the 125th article of the Constitution of the Russian Federation.

Other powers

The listed basic powers of the RF Constitutional Court are, of course, supplemented by many others. For example, the reason for possible treatment in the Constitutional Court of the Russian Federation there may be a question related to the compliance with the basic law of the state of some international treaty that has not entered into legal force. The President, the Government of Russia, the Supreme Court, or the political structures of the constituent entities of the Russian Federation can apply to the Constitutional Court of the Russian Federation with a corresponding request. Consideration of a case of this type is possible if an international treaty must be ratified by the State Duma, or the applicant has a suspicion that the provisions in the document cannot be implemented in the Russian Federation due to inconsistency with the provisions of the Constitution of Russia.

The Constitutional Court of the Russian Federation is also authorized to consider requests from courts of any instance related to the alleged inconsistency of legal acts applied in certain cases with the basic law of the Russian Federation. The powers of the Constitutional Court of the Russian Federation also include consideration of cases related to the study of the constitutionality of sources of law, adopted by the state power, as well as agreements concluded between various political structures.

Organization of the trial

The sessions of the Constitutional Court of the Russian Federation are held under the leadership of the Chairman of the given authority. This official brings relevant issues for discussion by the judges. The powers of the Chairman of the Constitutional Court of the Russian Federation also include the interaction of the authority in question with other political structures and public organizations. This official carries out activities by issuing orders and orders.

Cases and controversial issues are considered by the Constitutional Court of the Russian Federation in a collegial manner. In this case, decisions are made only by those judges who directly participated in the hearings. This authority can only issue decisions if at least two thirds of the total number of judges have taken part in the sessions.

Cases are considered by the Constitutional Court of the Russian Federation, as a rule, in an open format. But even if this or that meeting, by virtue of the requirements of the law, was held behind closed doors, all decisions made are published. Discussion of issues related to court cases is carried out in an oral format. The Constitutional Court of the Russian Federation studies the explanations of all parties, the opinions of experts, witnesses, examines documents. Cases are reviewed continuously. Pauses are taken to rest the judges and carry out the procedures necessary for the further continuation of the sessions.

Constitutional Court of the Russian Federation(short designation - the Constitutional Court of the Russian Federation) is the main judicial body of the Russian Federation that monitors compliance with the Constitution of the country. Its peculiarity is the independent and independent exercise of the judiciary through the organization of constitutional proceedings in the judicial sphere.

Constitutional Court of the Russian Federation: Short story appearances

The idea of ​​creating the Constitutional Court of the Russian Federation belongs to Mikhail Gorbachev. He got the idea to form a special state body whose task would be to realistically control the observance and implementation of all the laws of the country., As well as their constitutionality. At the same time, Gorbachev insisted on the creation of a special Committee for Constitutional Supervision of the USSR (now - the Constitutional Court of the Russian Federation).

The idea was realized only at the beginning of December 1988. On the first day of winter, the first amendments and additions concerning the new supervisory body appeared in Article 125 of the Constitution of the Soviet Union. The document stated that a whole group of political scientists and lawyers in the amount of 23 people will work in the Constitutional Oversight Committee. In addition, the KKN of the USSR included representatives of each union republic. All 23 members of the Committee were elected by the Congress of People's Deputies of the Soviet Union.

Late 1989 the 2nd Congress of People's Deputies was held. It was on it that the corresponding law was adopted, according to which the Constitutional supervision of the USSR was created. The chairman and his deputy were immediately elected. They were Sergey Alekseev and Boris Lazarev, respectively. The other members of the CCN were to be elected by the Supreme Council.

The tasks of the CCN of the USSR included checking the constitutionality of all acts of the Prosecutor General of the Soviet Union, bills and laws. In addition, the Committee had the opportunity to check the acts of the Chief State Arbitrator and other regulations accepted in the country.

Late 1991 The KKN of the USSR ceased to exist as an education. At the same time, the completion of the activity was formalized on the participants' own initiative.

For the period of work from the spring of 1990 to the end of 1991 The Constitutional Oversight Committee adopted more than two dozen decisions, among which the most popular was on the procedure for the application of unpublished acts and the procedure for registration.

December 15, 1990 the first mentions of the structure with a new name appeared - the Constitutional Court. At the same time, an amendment was made on the peculiarities of the formation of the Constitutional Court of the Russian Federation, which was immediately approved at the second congress of the deputies of the RSFSR. Actually, from that day on, the members of the constitutional court were elected directly by representatives of the congress of the Russian Federation, and the activities of the structure were spelled out in a separate bill.


July 12, 1991 managed to approve new law on the Constitutional Court of the Russian Federation at the Fifth Congress of People's Deputies, and already at the end of October of the same year, the first meeting of the members of the newly formed structure was held. And a few months later (January 14) - the first meeting. Immediately, the Constitutional Court of the Russian Federation considered the constitutionality of the President's decree regarding the formation of the Ministries of Internal Affairs and Security. At the same time, it was planned to combine the two bodies into one. In turn, the Constitutional Court of the Russian Federation recognized this decision as such, which contradicts the Constitution of the country.

Already at the beginning of 1993 The Constitutional Court of the Russian Federation was dissolved.

Summer 1994 the updated law on the Constitutional Court of the Russian Federation was adopted, and in 1995 the complete set of the court was completed.

Constitutional Court of the Russian Federation: structure nuances, decision, powers

During the period of its activity, the Constitutional Court of the Russian Federation is entirely focused on the protection of fundamental freedoms and rights of a citizen of the Russian Federation. At the same time, the powers of the body include :

1. Making decisions on issues related to the compliance with the Constitution of the country:

Constitutions of each individual republic, regulations, laws, government bodies, and so on;

International treaties of the Russian Federation that have not yet entered into force;

Federal Law and regulations of the President of the country. In addition, the acts of the State Duma, the Federation Council of the Russian Federation, and the Government of the country are verifiable.

2. Nuances of interpretation of the Constitution of the Russian Federation.

3. Consideration of complaints regarding constitutional freedoms and the rights of each individual citizen or group of individuals. In addition, at the request of the court, the compliance with the Constitution of this or that law, to which the participants will refer in a certain process, can be checked.

4. Transfer of legislative initiatives in the sphere of their authority and jurisdiction.

5. Providing opinions on the implementation of the procedure for bringing charges of treason or committing a serious crime to the President of the country.

6. Implementation of other tasks assigned to him by the Constitution of the Russian Federation.

Features of the structure and work of the Constitutional Court of the Russian Federation are as follows :

1. The competence of the Constitutional Court covers exclusively issues of legal activity.

2. The Constitutional Court has 19 judges. Each of them is appointed by the Federation Council of the Russian Federation. The right to nominate a candidate is in the hands of the President.


3. Like the judges of the Constitutional Court of the Russian Federation, the appointment of the Chairman is carried out by the Federation Council (as in the previous case, upon the proposal of the head of state). The term for which an official is elected is six years. One of the representatives of the Constitutional Court is selected as a candidate.

4. The resolution of all cases of the Constitutional Court of the Russian Federation is carried out within the framework of plenary sessions or meetings of the chambers of the structure.

5. The Constitutional Court has two chambers, each of which has ten and nine judges. The formation of each of the chambers is carried out by means of a regular drawing of lots. At the same time, the procedure for holding the latter and the specifics of the choice of judges are spelled out in the rules of procedure of the Constitutional Court.

6. All members of the RF Constitutional Court must take part in plenary sessions. In the case of a meeting of one chamber, the obligatory participants are the judges who are part of it.

7. The President of the Constitutional Court and his "deputy" cannot be in the same chamber at the same time. When distributed, by default, they are distributed to various "branches" of the Constitutional Court of the Russian Federation.

8. The powers of the chairmanship at the sessions of the Constitutional Court of the Russian Federation are transferred in turn between all judges. Moreover, the procedure for such a transition can be determined exclusively at a meeting of the chamber.

Decisions of the Constitutional Court of the Russian Federation:

1. Accepted subject to open voting. During the voting process, a roll-call poll of each of the judges of the Constitutional Court is carried out. In case of voting on any issue, the judge, who is the chairman, always casts his vote last.

2. The decision of the Constitutional Court of the Russian Federation is considered as adopted when the majority of the judges who took part in the process voted for it. Another procedure is also possible if it is spelled out in the Federal Constitutional Law.

3. The decision on the interpretation of the Constitutional Court of the Russian Federation should be made with a larger share of votes. In particular, required condition- at least 2/3 of the votes of the judges in execution at the time of voting.

4. A judge of the Constitutional Court of the Russian Federation does not have the right in any way to evade or abstain from voting. He must always give his vote "for" or "against".

5. In a situation where the opinions of the judges are equally divided, the decision is made in favor of the Act in question. If we are talking about competence, then only a majority of votes is needed to make a decision.

Basic requirements for the decision of the Constitutional Court of the Russian Federation:

1. They must be based on data processed and verified by the Constitutional Court of the Russian Federation.

2. The Constitutional Court may issue a decision on a specific case based on the literal meaning of the document or taking into account the official interpretation.

3. All conclusions and resolutions of the Constitutional Court of the Russian Federation must be set forth in the form of special documents that indicate the reasons for the adoption of certain laws.

4. The Constitutional Court of the Russian Federation has the right to issue decisions and opinions exclusively on the subject that is mentioned in the appeal. In this case, the decision should be made taking into account the competence of the body, that is, in relation to the act relating to the constitutional part. At the same time, the final result is never associated with the arguments and grounds that were set out in the appeal.

The decision of the Constitutional Court of the Russian Federation contains:

1. Name of the solution. The date and place where it was taken is indicated.
2. The composition of the Constitutional Court of the Russian Federation, which participated in the adoption of the decision.
3. Information about the parties to the dispute.
4. The issue under consideration, the reasons for its study.
5. The norms of the Constitution of Russia, according to which the Constitutional Court of the Russian Federation can consider an issue and make a decision on it.
6. The claim that took place in the appeal.
7. established by the court.
8. The positions of the constitutional law, as well as the Constitution of the Russian Federation, on which the Constitutional Court of the Russian Federation relied.
9. Explanations to the adopted decision. If necessary, explanations can be provided to refute the position of the parties.
10. Solution.

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The Constitutional Court of the Russian Federation is a judicial body of constitutional control that independently and independently exercises judicial power through constitutional proceedings.

The activities of the Constitutional Court are directly regulated by the Constitution of the Russian Federation dated 12.12.1993, the Federal Constitutional Law of the Russian Federation "On the Constitutional Court of the Russian Federation" dated 21.07.1994, the Federal Law Committee of the Russian Federation "On the Judicial System of the Russian Federation" dated 31.12.1996, the Federal Law "On status of judges "dated 26.06.1992, etc. The Constitutional Court of the Russian Federation consists of nineteen judges appointed by the Federation Council on the proposal of the President of the Russian Federation. The Constitutional Court of the Russian Federation is competent to carry out its activities in the presence of two-thirds of the total number of judges. The powers of the Constitutional Court of the Russian Federation are not limited to a specific period.

In order to protect the foundations of the constitutional order, fundamental human and civil rights and freedoms, to ensure the supremacy and direct action of the Constitution of the Russian Federation throughout the entire territory of the Russian Federation, the Constitutional Court of the Russian Federation:

  • 1) resolve cases on compliance with the Constitution of the Russian Federation:
    • a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;
    • b) constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the bodies of state power of the Russian Federation and the joint jurisdiction of the bodies of state power of the Russian Federation and bodies of state power of the constituent entities of the Russian Federation;
    • c) agreements between state authorities of the Russian Federation and state authorities of constituent entities of the Russian Federation, contracts between state authorities of constituent entities of the Russian Federation;
    • d) international treaties of the Russian Federation that have not entered into force;
  • 2) resolve disputes about competence:
    • a) between federal government bodies;
    • b) between the bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of the Russian Federation;
    • c) between the highest state bodies of the constituent entities of the Russian Federation;
  • 3) on complaints of violation of constitutional rights and freedoms of citizens, verifies the constitutionality of the law applied in a particular case;
  • 3.1) at the request of the courts, verifies the constitutionality of the law to be applied by the relevant court in a specific case;
  • 4) gives an interpretation of the Constitution of the Russian Federation;
  • 5) give an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another grave crime;
  • 5.1) checks for compliance with the Constitution of the Russian Federation the issue submitted to the referendum of the Russian Federation in accordance with the federal constitutional law governing the conduct of the referendum of the Russian Federation;
  • 6) comes forward with a legislative initiative on issues of its jurisdiction;
  • 7) exercise other powers granted to him by the Constitution of the Russian Federation, the Federal Treaty and federal constitutional laws.

Cases on the protection of the rights and freedoms of citizens, considered by the Constitutional Court, can be divided into several groups - cases related to verification:

  • 1) Criminal and criminal procedure legislation.
  • 2) Constitutionality administrative legislation restricting the right to private property.
  • 3) The norms of electoral law.
  • 4) Cases for the consideration of complaints about violation of labor and social freedoms.
  • 5) Cases about restrictions housing rights citizens.
  • 6) Cases concerning issues of inheritance and citizenship of the Russian Federation.

The Constitutional Court of the Russian Federation decides exclusively on legal issues.

The main principles of the activity of the Constitutional Court of the Russian Federation are independence, collegiality, transparency, competition and equality of the parties.

Another area of ​​activity of the Constitutional Court of the Russian Federation is the interpretation of the Constitution of the Russian Federation. This takes place when the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative bodies of the constituent entities of the Russian Federation apply to the Constitutional Court. In this case, we are talking about a direct interpretation of the Constitution of the Russian Federation, which may not be related to checking the constitutionality of a law or a dispute about competence. Finally, the functions of the Constitutional Court of the Russian Federation also include giving an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime. In addition to the noted basic powers of the Constitutional Court of the Russian Federation, recorded in Art. 125 of the Constitution of the Russian Federation, a number of its other articles also define such powers as the direction of messages of the Constitutional Court The Federal Assembly(Art. 100), the right to initiate legislation (Art. 104), the right of the presence of judges of the Constitutional Court when the President of the Russian Federation is taking the oath (Art. 82).

The right to appeal to the Constitutional Court of the Russian Federation with an individual or collective complaint Citizens whose rights and freedoms are violated by the law applied in a particular case and associations of citizens, as well as other bodies and persons specified in the federal law, have the right to violate constitutional rights and freedoms. In addition to the documents listed in Article 38 of this FKZ "On the Constitutional Court of the Russian Federation", the complaint is accompanied by a copy of an official document confirming the application of the contested law when resolving a specific case. The issuance of a copy of such a document to the applicant is made at his request official or the body considering the case. A complaint about a violation of constitutional rights and freedoms by law is admissible if:

  • 1) the law affects constitutional rights and freedom of citizens;
  • 2) the law has been applied in a specific case, the consideration of which has been completed in court, and the complaint must be filed no later than one year after the consideration of the case in court.

Officials that make up the body:

  • 1) President of the court.
  • 2) Deputy Chairman of the Constitutional Court of the Russian Federation.
  • 3) Judge-Secretary.
  • 4) A number of judges of the Constitutional Court, dealing specifically with litigation.
  • 5) Employees of the apparatus and other departments.

According to Art. 23 FCZ "On the Constitutional Court of the Russian Federation" The President of the Constitutional Court of the Russian Federation is appointed to office by the Federation Council on the proposal of the President of the Russian Federation for a period of six years from among the judges of the Constitutional Court of the Russian Federation.

The President of the Constitutional Court of the Russian Federation has two deputies who are appointed to office by the Federation Council on the proposal of the President of the Russian Federation for a period of six years from among the judges of the Constitutional Court of the Russian Federation.

The Chairman and Deputy Chairmen of the Constitutional Court of the Russian Federation, upon the expiration of their term of office, may be appointed to office for a new term.

The Chairperson and Deputy Chairpersons of the Constitutional Court of the Russian Federation may, upon a personal written application, relinquish these powers. The resignation of powers is confirmed by the decision of the Constitutional Court of the Russian Federation.

The powers of the Chairperson or Deputy Chairpersons of the Constitutional Court of the Russian Federation may be terminated ahead of schedule by the Federation Council on the proposal of the President of the Russian Federation if the decision of the Constitutional Court of the Russian Federation establishes that the Chairperson or Deputy Chairperson of the Constitutional Court of the Russian Federation does not fulfill job duties or performs them improperly. The said decision of the Constitutional Court of the Russian Federation shall be adopted by a majority of at least two-thirds of the number of acting judges of the Constitutional Court of the Russian Federation by secret ballot in the manner established by the Rules of Procedure of the Constitutional Court of the Russian Federation. Termination of the powers of the Chairman or Deputy Chairman of the Constitutional Court of the Russian Federation as a judge of the Constitutional Court of the Russian Federation on the grounds provided for by paragraph 1, 6, 7 or 8 of part one of Article 18 of this Federal Constitutional Law, without terminating his powers as Chairman or Deputy Chairman of the Constitutional Court of the Russian Federation Federation is not allowed.

If the position of the Chairman or Deputy Chairman of the Constitutional Court of the Russian Federation turns out to be vacant, the Chairman or Deputy Chairman of the Constitutional Court of the Russian Federation shall be appointed to the position in the manner prescribed by this article. Upon the expiration of the term of office, the President or Deputy President of the Constitutional Court of the Russian Federation shall continue to perform his duties until the appointment of a new President or Deputy President of the Constitutional Court of the Russian Federation.

Today the Chairman of the Constitutional Court is Valery Dmitrievich Zorkin. On the new election, he took up his post for the fifth time. He is an honored lawyer of our country, awarded several orders of Merit for the Fatherland. His deputies are Olga Sergeevna Khokhryakova and Sergey Petrovich Mavrin.

Requirements for a candidate for the position of a judge of the Constitutional Court of the Russian Federation: a citizen of the Russian Federation who has reached at least forty years of age by the day of appointment, with an impeccable reputation, having a higher legal education and work experience in the legal profession of at least fifteen years, with a recognized highly qualified in the field of law.

Proposals on candidates for the posts of judges of the Constitutional Court of the Russian Federation may be submitted to the President of the Russian Federation by members (deputies) of the Federation Council and deputies of the State Duma, as well as legislative (representative) bodies of the constituent entities of the Russian Federation, higher the judiciary and federal legal departments, all-Russian legal communities, legal scientific and educational institutions... The Federation Council shall consider the issue of appointing a judge of the Constitutional Court of the Russian Federation no later than fourteen days from the date of receipt of the submission from the President of the Russian Federation. Each judge of the Constitutional Court of the Russian Federation is appointed to a position in individually by secret ballot. A person who has received, by voting, a majority of the total number of members (deputies) of the Federation Council, shall be deemed to be appointed to the office of a judge of the Constitutional Court of the Russian Federation. The powers of a judge of the Constitutional Court of the Russian Federation are not limited to a specific period. The maximum age for a judge of the Constitutional Court of the Russian Federation is seventy years. A judge of the Constitutional Court of the Russian Federation shall be deemed to have taken office from the moment he takes the oath. His powers end on the last day of the month in which he turns seventy.

The reason for considering a case in the Constitutional Court of the Russian Federation is an appeal to the Constitutional Court of the Russian Federation in the form of a request, petition or complaint that meets the requirements of this Federal Constitutional Law. The President of the Constitutional Court of the Russian Federation, in the manner established by the Constitutional Court of the Russian Federation, assigns one or several judges a preliminary study of the appeal. The preliminary study of the appeal by the judge (judges) is a mandatory stage of the proceedings in the Constitutional Court of the Russian Federation. A decision on the issue of accepting an appeal for consideration shall be made by the Constitutional Court of the Russian Federation in a session no later than three months from the date of registration of the appeal.

Decisions of the Constitutional Court of the Russian Federation are adopted by open vote on the basis of a roll-call poll of judges. The consideration of cases and issues and the adoption of decisions on them are carried out by the Constitutional Court of the Russian Federation collegially. The decision is made only by those judges who participated in the consideration of the case in court session... The Constitutional Court of the Russian Federation is empowered to make decisions in sessions in the presence of at least two thirds of the number of acting judges. A judge who disagrees with the decision of the Constitutional Court of the Russian Federation has the right to state his dissenting opinion in writing, which is attached to the case file and must be published together with the decision of the Constitutional Court. The decision of the Constitutional Court of the Russian Federation is announced in full in an open session immediately after it is signed. The decisions and opinions of the Court, no later than two weeks from the date of their signing, are sent to the President of the Russian Federation, the Federation Council, The State Duma, The Government of the Russian Federation, the Commissioner for Human Rights of the Russian Federation, The Supreme Court RF, Higher To the Arbitration Court RF, The Attorney General RF and the Minister of Justice of the RF. The decisions and conclusions of the Constitutional Court of the Russian Federation are subject to immediate publication in official publications. The decision of the Constitutional Court of the Russian Federation is final, not subject to appeal and comes into force immediately after its announcement.