Judicial proceedings are constitutional. Constitutional Principles of Russian Judicial Proceedings

The constitutional principles of Russian legal proceedings are unified for all cases of cases, regardless of their category. The basic law guarantees citizens and organizations the right to protection. In case of infringement of interests subjects can address with the statement of claim.

Constitutional Principles of Russian Judicial Proceedings

The fundamental provisions on which the system for protecting the rights of citizens are based include:

1. Independence.
2. Publicity.
3. The oral nature of the proceedings.
4. Equality of the parties.
5. Competitiveness.
6. Continuity of the meeting.

The legislation also establishes that procedural legal proceedings are carried out in the official state language. If necessary, an interpreter may be involved in the hearing.

Independence

Considering the principles of legal proceedings, it is necessary first of all to note that in their activities persons authorized to consider disputes are guided only by law. They do not act on behalf of public associations or government agencies. The Code of Judicial Proceedings does not allow interference in the course of cases that may affect the outcome. Decisions (definitions and other acts) of authorized persons must express a position free from political preferences. The principles of constitutional legal proceedings do not allow the receipt or request of instructions on matters that are accepted for preliminary investigation or considered by the COP. Any interference in the work of the authorized structure implies responsibility.

Collegiality

In the first instance, officials deal privately. Collegial proceedings are typical for appellate, cassation instances, as well as the Supreme Arbitration Court, the Armed Forces and the Constitutional Court. Principles of constitutional proceedings allow decisions at plenary hearings if at least 2/3 of the total number of authorized employees are present, as well as at meetings of the chamber, if there are at least 3/4 of its members. In the course of determining the quorum, persons excluded from participation in the proceedings of the case, as well as those whose powers have been suspended, are not taken into account.

Decision of the Constitutional Court

Judicial proceedings are carried out in accordance with the procedure established by law. In the Federal Law regulating the activities of the Constitutional Court, Art. 72. It specifies that decisions are taken by open voting by a roll-call poll of judges. The decision will be considered approved if the majority of the persons have spoken for it, if the other procedure is not established in the law. If in the course of the decision on the issue concerning the verification of the constitutionality of a legal act, an agreement between bodies of state authority, an unverified vote of an international treaty of the Russian Federation, an equal number of votes, it will be considered rendered in favor of compliance of the disputed document with the Basic Law. Decisions concerning disputes over competence must in all cases be approved by the majority. A similar rule applies to decisions on the interpretation of the Constitution. At the same time, the majority should be at least 2/3 of the total number of authorized persons. The principles of the proceedings do not allow evasion or abstention from voting in the decision-making of the COP.

Publicity

It acts as a general principle for all litigations. Glasnost means that the case is examined openly, unless otherwise provided by the rules. The law allows for hearings to be held in closed sessions if there are appropriate grounds. For example, administrative court proceedings may relate to information that constitutes the privacy of the plaintiff. In this case, the applicant can petition for a closed hearing of the case. Similar rules are provided for in the Civil and Criminal Codes. The CC holds closed meetings in cases when it is necessary to ensure the preservation of secrets protected by law, the safety of citizens, the protection of public morality. Only participants in the proceedings are present at such hearings: the parties (their representatives) and the officials authorized for the consideration of the case. The possibility of the presence of other persons, including the staff of the Secretariat of the COP, which ensures the normal course of the proceedings, is determined by the presiding officer. The consideration of cases is conducted in compliance with the general rules established by law. Decisions made in closed and public meetings are announced publicly.

The oral nature of the proceedings

The consideration of cases is carried out by examining the materials submitted and hearing the parties. This rule applies to all cases of proceedings, including criminal, civil and administrative proceedings. During the meeting, the parties to the case are heard, as well as experts, witnesses and other persons. The court reads the essence of the existing documents. An exception can be made up of materials provided to authorized persons for review, or the content of which has already been stated at the meeting.

Continuity of hearing

Legislation establishes that the meeting in each case must take place without interruption. It is allowed to allocate time for rest, preparation for further consideration, elimination of circumstances that create an obstacle to the normal course of the hearing. Prior to the decision on the case or prior to the adjournment of the proceedings, constitutional proceedings should not be conducted on other issues. This rule applies equally to the meetings of both the Plenum and the Chamber of the COP.

Equality and competitiveness

Legislation establishes the same legal opportunities for the parties to defend their position. This principle is reflected in Article 123 of the Constitution and is specified in Article 53 of the Federal Law regulating the activities of the Constitutional Court. According to the norms, the parties can get acquainted with the materials on the case, file petitions, express their position at the hearing, and ask questions to others. The law also allows you to make comments on the objections that are attached to the documents on the dispute.

Constitutional Proceedings: Plan

The procedure of the proceedings includes several stages. They go successively one after the other. It should be noted that the presence of stages is also characteristic of other proceedings. In particular, the Code of Administrative Proceedings, the Code of Criminal Procedure, the CCP establish a clear procedure for dealing with cases. The stages cover the main actions of the parties to the case, as well as officials authorized to deal with disputes. The Code of Administrative Proceedings, the Code of Civil Procedure, the Code of Criminal Procedure, and the Federal Law regulating the work of the Constitutional Court stipulate the following stages:

1. Making an application / appeal.
2. Preliminary study of the received materials.
3. Acceptance of the application for consideration or refusal in this.
4. Preparation for the hearing.
5. Consideration of the case.
6. Meeting, voting, passing a decision.
7. Announcement, publication and entry into force of the resolution.
8. Implementation of the decision.

Timing

Judicial proceedings are constitutional, as well as other, consists of stages, the duration of which is limited to specific time intervals. Terms of the passage of materials at one or another stage depend on the category of the case. The differences in the duration of the stages are also influenced by the legislative provisions of specific regions. According to experts, the most limited in terms of legal proceedings constitutional in the Republic of Dagestan. The law establishes that a preliminary investigation of the materials should be completed no later than 10 days after the registration of the appeal. After that, within five days, the issue of taking the case to the proceedings must be resolved. Immediate consideration of the dispute begins no later than 10 days after the completion of the preliminary study of the materials.

Act of Constitutional Court

It is a document that fixes the conclusions of the court on the results of resolving the issue at a meeting of the Plenum or the Chamber. The Constitutional Court issues:

1. Resolutions.
2. Definitions.
3. Conclusions.
4. Solutions.

The latter are adopted on issues related to the organization of the COP.

Resolutions

The purpose of constitutional court proceedings is primarily to verify the compliance of normative acts with the provisions of the fundamental law. The decision is the final decision of the COP. This document resolves the case of compliance with the provisions of the Constitution:

1. Normative acts approved by the head of state, the Government, the Federation Council, the State Duma, as well as the Federal Law.
2. Constitutions of the republics that are part of the Russian Federation, charters, laws and other legal documents of regional significance published on issues related to the conduct of state structures and joint jurisdiction of the Russian Federation and its subjects.
3. International agreements that have not entered into force.
4. Agreements between state and regional authorities, as well as between the latter and local government.

The resolution also resolves the dispute over the competence:

1. Between federal structures of power.
2. Between regional and state bodies.
3. Between the higher institutions of power of subjects.

In addition, the bodies of constitutional legal proceedings issue decisions on the results of checking the compliance of the normative act, which is to be applied or used in a particular dispute, to the provisions of the fundamental law.

Other acts

The conclusion is the final decision of the Constitutional Court concerning the request for compliance with the envisaged procedure for bringing charges to the President in the state treason or committing another grave crime. All other acts, other than those relating to the organization of the work of the Court, are referred to as definitions. They are announced in the meeting hall and recorded in the minutes, unless otherwise provided by law.

Nuance

A judge who does not agree with the decision in the case may file his opinion in writing. It will be attached to the materials and published together with the adopted act. A judge who has remained in the minority in the course of voting on any of the questions or the motivating part of the ruling may also express a written disagreement with the majority. It will also be attached to the materials and published in the official publication.

Execution of decisions

The conclusions and decisions of the Constitutional Court are published in official sources without delay. The issuing of acts is carried out not only at the state, but also at the regional level. Any act of the Constitutional Court is final and not subject to appeal. Decrees take effect immediately after adoption. The execution of an act is carried out after publication or delivery to the parties to the case, unless other periods are provided for in it. The act of CS has direct effect. For its execution there is no need to provide confirmation from other officials and structures.

Legal force of acts

The decisions of the Constitutional Court on the recognition of normative acts as unconstitutional can not be overcome by the repeated adoption of the same legal documents. At the same time, legal provisions that contradict the basic law lose their validity. International agreements recognized as not in conformity with the Constitution are not subject to enactment and subsequent application. Decisions of the Constitutional Court are binding for execution throughout the territory of the Russian Federation for all judicial and executive bodies of state power, territorial self-government structures, institutions, organizations, enterprises, officials, as well as natural persons and their associations. Decisions based on normative acts that are found to be inconsistent with the provisions of the basic law are not subject to sale. They should be reviewed in cases established by the Federal Law. Subjects who do not perform or perform improperly, interfere with the implementation of decisions of the Constitutional Court, are held accountable in accordance with the procedure established by law.