Legal Encyclopedia. The letter K

constitutional proceedings

- Procedural activity of the Constitutional Court to resolve cases within its jurisdiction.

CS begins with a request of the authorized persons to the Constitutional Court of the Russian Federation. The right to appeal to the Constitutional Court of the Russian Federation have:

1) The President of the Russian Federation;

2) The Council of Federation;

3) The State Duma of the Russian Federation;

4) members of the Federation Council or deputies of the Russian State Duma in the amount of 1/5 of the total number of the members of the chambers of the Federal Assembly;

5) The Government of the Russian Federation;

6) The Supreme Court of the Russian Federation;

7) The Supreme Arbitration Court of the Russian Federation;

8) legislative and executive authorities of RF subjects.

KS is carried out in the framework of plenary and chambers of the Constitutional Court of the Russian Federation. Decisions of the Constitutional Court of the Russian Federation, adopted at the meetings, are entitled only in the presence of not less than 2/3 of the total number of judges of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation shall exercise its powers in plenary sessions of the Constitutional Court and the Chambers.

At the plenary session of the Constitutional Court of the Russian Federation:

1) decide on cases on conformity with the Constitution of the Russian Federation the basic laws of the Russian Federation subjects;

2) gives the interpretation of the Constitution;

3) provide a conclusion on compliance with the established order of the President of the Russian Federation bringing charges of treason or other grave crime;

4) decide on the speech with a legislative initiative on issues within their jurisdiction;

5) solve other issues on regulation of activities of the Constitutional Court of the Russian Federation.

At meetings of the chambers of the Constitutional Court of the Russian Federation:

1) decide on cases on conformity with the Constitution of the Russian Federation: the federal laws, normative acts of the President of the Russian Federation, the Federation Council, State Duma,

RF Government; laws and other normative acts of subjects of the Russian Federation issued on matters relating to the conduct of public authorities of the Russian Federation and the joint jurisdiction of the state authorities of the Federation and public authorities of its subjects; agreements between the Russian state authorities and public authorities of the Federation, agreements between bodies of state power of subjects of the Russian Federation; have not entered into force of international treaties of the Russian Federation;

2) resolves jurisdictional disputes: between the federal bodies of state power; between the Russian state authorities and public authorities of its subjects; between the supreme state bodies of subjects of the Russian Federation;

3) complaints about violation of constitutional rights and freedoms of citizens and at the request of the courts review the constitutionality of the law applied or to be applied in a particular case.

KS has always carried a collegial panel of judges in open court.

Allows broadcasting of the Russian Federation Constitutional Court sessions on particularly important issues.

In Performan trial, the Constitutional Court makes a decision. Decisions of the Constitutional Court of the Russian Federation are of a regulatory character and are a source of constitutional law, ie they have to rely all the subjects of legal relations in the interpretation of the Constitution and laws of the Russian Federation.