Domestic constitutional supervision (20th – the first half of the 30s of the twentieth century)

 
PIIS102694520024343-8-1
DOI10.31857/S102694520024343-8
Publication type Article
Status Published
Authors
Occupation: Chief Researcher, Acting Head of the Sector of the Constitutional Law and Constitutional Justice
Affiliation: The Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation,
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages154-162
Abstract

According to the author, the essence of one of the most important forms of legal protection of the constitution is constitutional supervision, in the activities of checking, identifying, ascertaining and eliminating inconsistencies with the constitution of other legal acts. The time frame of the chosen research period is due to the fact that it was then that interesting both in practical and theoretical terms in many ways search solutions in this area took place in our country. It was a period of intense competition between the Supreme Court of the USSR and the Prosecutor’s Office of the Supreme Court of the USSR for a place and role in constitutional supervision. The end result is that the Union parliament has become dominant here at the level of the Center, in the subjects of the Federation – their parliaments. At the same time, the main functions of constitutional supervision are assigned ultimately to the Prosecutor’s Office of the USSR. It should also be noted that the very fact of the revival of the prosecutor's office in Soviet times has become a real indicator of the resuscitation, adaptation, use in practice of old, pre-revolutionary, proven, in many ways specific, traditional institutions for Russia. It should be noted that such a parliamentary structure of constitutional supervision with the involvement of the prosecutor's office is very attractive and can be effective. It presupposes the adoption of measures to bring acts that do not comply with the Constitution into compliance with it even before their adoption, so in advance.

KeywordsSupreme Court, constitutional control, constitutional supervision, constitution, Ministry of Justice, Parliament, party norms, Prosecutor’s Office
Received14.11.2022
Publication date15.03.2023
Number of characters36289
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