Concept of the constitutional justice in the postsoviet Russia. Execution of decisions of the Constitutional Court. Organizational structure of the constitutional justice. Institute of the constitutional justice in political-legal system of Russia.
Аннотация к работе
Besides the specified reaction, as a rule, can not but be characterized by the increased quality of decision of the arisen social problem requiring legal (more precisely, normative) sanctions, by the special level of professionalism so necessary in the process of removal of the social contradiction by means of legal-technical means. At the same time interests of the society, which services is the most important applicability of the state machinery in all its structural and functional displays, should have the unconditional priority, especially in the situation when imperfection of structurally functional differentiation of branches of the government attracts failures in the system of the government and as inevitable consequence, infringement of social development as a whole, shown in infringements of rights, freedoms and legitimate interests of the citizens. The question is, in particular, the cases when blanks in legal regulation of these or that public relations arising by virtue of normal process of society or by virtue of defective development of the government are not filled with legislature. In the given case the legal system should provide inclusion of regulative mechanisms, i.e. judicial law making which is the most effective mechanism. Certainly, the nature of law making activity of judicial power has essential specificity whose basic contents is reduced to that the law making cannot be by definition be the dominant judicial functional.. On the contrary, natural from the point of view of legal nature of the judicial power is its orientation to law enforcement, the sanction of legal dispute, to legal interpretation. In connection with the sanction of legal dispute there is possible realization by court being the body of the government is its law making function. Thus it is not necessary to connect law making of judicial act of high instances with their compulsion relating to extremely subordinate judicial bodies. Essentially more important for the future development of the domestic state development is analysis of limits of compulsion of statutory acts issued by bodies of judicial power addressed to others, except for subordinate courts, subjects. It is possible in particular, to mention normative instructions of the Constitutional Court of the Russian Federation to address to the Federal Assembly about the necessity of settlement of the question at the legislative level and about provisional substantial parameters of the forthcoming normative regulation. It is interesting to note that in similar cases the Constitutional Court naturally fills the blank in legal regulation, establishing the concrete obligatory rule of behavior, i.e. the legal norm for the period until the event when after the target date the Federal Assembly will carry out already made legislative regulation. It is necessary to note, that such judicial norm occurs as a result of removal of the social contradiction by means of normative-legal regulation in connection with the sanction of the concrete legal dispute, and as a result of the revealed during the process of judicial law enforcement, mainly, the constitutional legal proceedings of a blank. The fact is that in some countries (Hungary, Portugal, and Byelorussia) the functional of the constitutional justice comprises such reasonably interesting power as the right of the constitutional court to establish illegality of blanks in legal regulation of social relations. Speaking about the opportunity of an official recognition of judiciary practice as the source of law, it is necessary to mean one more important quality characterizing the source of law. In the given case the question is an admissibility to refer to the corresponding judicial act in the process of law enforcement activity. Absolutely clear that the modern domestic enforcement does not exclude, but also assumes active use of references to decisions of judicial bodies of the government, first of all the Constitutional Court both in law enforcement acts of subordinate judicial bodies of other jurisdictions, and, that is more essential, in statutory legal acts of the organs of the government. Legal positions of the Constitutional Court of the Russian Federation are actively put in substantiation of legislative acts adopted by the federal parliament and regional representative, by legislature of the government. The general look at functional applicability of bodies of the government distributed among the three major branches, requires comprehension of that circumstance, that general social applicability and immanent legal nature of the parliament is mainly in representation. In fact, the parliament is the final compiler of national will and for this reason it is authorized to be the barrier of sovereignty to establish the most fundamental and, hence, general in their legal contents principles of existence and functioning of the society from which contents of norms issued by the legislative body proceeds. Thus this body can