Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts

Occupation: Professor of the Department of Public Law Disciplines of the National Research University Higher School of Economics
Affiliation: National research University Higher school of Economics
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 9

Pages

65-74

Abstract

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.

Keywords

subject of the Russian Federation, constitutional control, constitutional (statutory) courts, constitutional (statutory) councils

Acknowledgment

When writing the article, the regulatory framework of the “ConsultantPlus” was used.

Received

11.05.2021

Publication date

29.09.2021

Number of characters

36592

Cite

GOST	Kryazhkov V. Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts // Gosudarstvo i pravo – 2021. – Issue 9 C. 65-74 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520016757-3-1 (circulation date: 04.10.2024). DOI: 10.31857/S102694520016757-3
MLA	Kryazhkov, Vladimir A "Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts." Gosudarstvo i pravo 9 (2021):65-74. DOI: 10.31857/S102694520016757-3
APA	Kryazhkov V. (2021). Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts. Gosudarstvo i pravo (9), pp.65-74 DOI: 10.31857/S102694520016757-3

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1. Astafichev P.A. Problems of the organization of constitutional (statutory) justice in the subjects of the Russian Federation // Constitution. Constitutionalism. The Constitutional Court / ed. by A.A. Liverovsky, A.I. Ovchinnikov. M., 2021. P. 66, 67 (in Russ.).

2. Galmai G. Experience of constitutional justice in Hungary // State and Law. 1993. No. 9. P. 63 (in Russ.).

3. Gritsenko E. Federalism and local self-government in the light of the Russian constitutional reform of 2020 // Comparative Constitutional Review. 2020. No. 4 (137). P. 88 (in Russ.).

4. Zhdanov I.N. Interaction of international and national law of Finland. M., 2020. P. 41 - 49 (in Russ.).

5. Zhdanov I.N. The role of the Constitutional Commission of Finland in the implementation of the norms of international and European law // Modern International Law: globalization and integration. Liber Amicorum in honor of Professor P. N. Biryukov: collection of scientific works. Voronezh, 2016. P. 86 - 93 (in Russ.).

6. Kleandrov M.I. Constitutional changes in 2020 and mechanisms of justice: pros and cons // State and Law. 2020. No. 10. P. 19 (in Russ.).

7. Kryazhkov V.A. Constitutional justice in the subjects of the Russian Federation (legal bases and practice). M., 1999. P. 36 (in Russ.).

8. Kryazhkov V.A. Constitutional courts of the lands of Germany // State and Law. 1995. No. 5. P. 122 (in Russ.).

9. Kryazhkov V.A. Regional constitutional justice in the Russian Federation: the state and ways of development // Comparative Constitutional Review. 2007. No. 3 (60). P. 159 (in Russ.).

10. Mavliev A., Chulkov K. Courts can liquidate according to the charter // St. Petersburg diary. 2020. 19 Aug. // Digest of official materials and publications of the periodical press. Constitutional justice in the CIS and Baltic countries. 2020. No. 5. P. 109 (in Russ.).

11. Mityukov M.A. The forerunner of constitutional justice: views, projects, and institutional prerequisites (30 - early 90s of the XX century). M., 2006. P. 117 (in Russ.).

12. Mityukov M.A., Barnashov A.M. Essays of constitutional justice. Tomsk, 1999. P. 281 (in Russ.).

13. Petrenko D.S. Constitutional (statutory) justice in the subjects of the Russian Federation (modern legal problems and prospects). M., 2007. P. 117, 118 (in Russ.).

14. Sungurov A., Zakharova A. Statutory courts in the subjects of the Russian Federation: comparative political and legal analysis // Comparative Constitutional Review. 2019. No. 2 (129). P. 124 - 129 (in Russ.).

15. Tumanov V.A. Judicial control over the constitutionality of normative acts // Soviet State and Law. 1988. No. 3. P. 15, 16 (in Russ.).

16. Tsaliev M.A. Judicial power of the subjects of the Russian Federation: history and modernity // Russian law: education, practice, science. 2015. No. 4. P. 39, 40 (in Russ.).