Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
342.565.2

Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking

Autors: 
Sychev Vitalii B., Saratov State University
Abstract: 

Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods. Theoretical analysis. Some authors note that the decisions of the constitutional review authorities can modify conditions of public life. Authors often emphasize that court decisions that rules certain norms as unconstitutional have the same goals as statutory acts. Empirical analysis. Constitutional courts administer a special kind of lawmaking, such as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. “Positive” lawmaking is connected with the adoption of statutory acts, which regulate the activities of the constitutional courts. “Negative” lawmaking consists in ruling certain legal norms and sources of law unconstitutional and making them void. By means of “adjusting” lawmaking constitutional courts do not rule the norms as completely unconstitutional, but constitutionally interpret them. “Interpretative” lawmaking consists in clarifying legal norms of constitutions. The constitutional review authorities may also provide recommendations to the legislative authorities. Results. The constitutional review authorities can directly participate in lawmaking activities as a legislative initiative or in connection with the implementation of the constitutional control as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. Circumstantial participation of such authorities in lawmaking activities is administered by adopting special messages.

Reference: 
  1. Vitruk N. V. Konstitutsionnoe pravosudie. Sudebnokonstitutsionnoe pravo i process [Constitutional Justice. Judicial and Constitutional Law and Procedure]. Moscow, Norma, INFRA-M Publ., 2012. 592 p. (in Russian).
  2. A. P. Al’bov, S. V. Nikoljukin, eds. Pravotvorchestvo: uchebnoe posobie dlya bakalavriata i magistratury [Lawmaking: A Textbook for Bachelor’s and Master’s degrees]. Moscow, Jurajt Publ., 2019. 254 p. (in Russian).
  3. Kuchin M. V. Sudebnoe normotvorchestvo: kontseptual’nye osnovy [Judicial Lawmaking: A Conceptual Framework]. Moscow, Jurajt Publ, 2020. 275 p. (in Russian).
  4. Osipov M. Yu. Poniatie i sootnoshenie pravovogo regulirovaniya i pravotvorchestva [The Concept and Correlation of Legal Regulation and Lawmaking]. Moscow, RIOR Publ, 2015. 219 p. (in Russian).
  5. On the Constitutional Court of the Russian Federation. Federal Constitutional Law 1-FKZ of 21.07.1994 (an edition of 09.11.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1994, no. 13, art. 1447; 2020, no. 46, art. 7196 (in Russian).
  6. Rules of the Constitutional Court of the Russian Federation (as in force on 17.12.2020). Vestnik Konstitutsionnogo Suda Rossiiskoi Federatsii [Bulletin of the Constitutional Court of the Russian Federation], 2016, no. 4 (in Russian).
  7. Instruction for proceedings in the Constitutional Court of the Russian Federation (approved by the order of the Constitutional Court of the Russian Federation Chief Judge no. 30 of 23.10.2018). Konstitutsionnyi Sud Rossiiskoi Federatsii (Constitutional Court of the Russian Federation. Site). Available at: http://www.ksrf.ru/ru/Info/LegalBases/Instruction/Pages/default.aspx (accessed 31 January 2021) (in Russian).
  8. In the Case of Verification of Constitutionality of the Resolutions of the Supreme Soviet of the North Ossetian Soviet Socialist Republic of March 6, 1993 “On the Program for a Comprehensive Solution to the Problem of Refugees, Internally Displaced Persons and Persons Who Left the Territory of North Ossetia” and of March 26, 1993 “On the Negotiations of the Official Delegations of the North Ossetian Soviet Socialist Republic and the Ingush Republic of March 18–20, 1993”. Resolution of the Constitutional Court of the Russian Federation no. 17-P of 17.09.1993. Vestnik Konstitucionnogo Suda Rossiiskoi Federatsii [Bulletin of the Constitutional Court of the Russian Federation], 1994, no. 6 (in Russian).
  9. In the Case of Verification of Constitutionality of Subparagraph “a” of Paragraph 3.2 of Article 4 of the Federal Law “On Fundamental Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, part one of Article 10 and Part Six of Article 86 of the Criminal Code of the Russian Federation in Connection With Complaints of Citizens G. B. Egorov, A. L. Kazakov, I. Yu. Kravtsov, A. V. Kupriyanov, A. S. Latypov and V. Yu. Sinkov. Resolution of the Constitutional Court of the Russian Federation no. 20-P of 10.10.2013. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 43, art. 5622 (in Russian).
  10. At the Procedural Request of the Plenipotentiary Envoy of the President of the Russian Federation to the Volga Federal District for an Official Explanation of the Ruling of the Constitutional Court of the Russian Federation of June 27, 2000 at the Request of a Group of Deputies of the State Duma to verify Compliance with the Constitution of the Russian Federation of Certain Provisions of the Constitutions of the Republic of Adygea, the Republic of Bashkortostan, the Republic of Ingushetia, the Republic of Komi, the Republic of North Ossetia-Alania and the Republic of Tatarstan. Determination of the Constitutional Court of the Russian Federation no. 65-O of 19.04.2001. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2001, no. 20, art. 2059 (in Russian).
  11. In the Case of Verification of Constitutionality of Certain Provisions of Paragraph 2 of Article 1, Paragraph 1 of Article 21 and Paragraph 3 of Article 22 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” in Connection with the Request of the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation. Resolution of the Constitutional Court of the Russian Federation no. 6-P of 11.04.2000. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2000, no. 16, art. 1774 (in Russian).
  12. In the Case of Verification of Constitutionality of Certain Provisions of Article 30 of the Federal Law “On Labor Pensions in the Russian Federation” in Connection With the Requests of Groups of Deputies of the State Duma, as well as the State Assembly (Il Tumen) of The Republic of Sakha (Yakutia), the Duma of the Chukotka Autonomous Okrug and the Complaints of a Number of Citizens. Resolution of the Constitutional Court of the Russian Federation no. 2-P of 29.01.2004. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 6, art. 45 (in Russian).
  13. In the Case of Verification of Constitutionality of the Eighth Paragraph of the First Part of Article 59 of the Labor Code of the Russian Federation in Connection with the Complaint of the Citizen I. A. Sysoev. Resolution of the Constitutional Court of the Russian Federation no. 25-P of 19.05.2020. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2020, no. 21, art. 3375 (in Russian).
  14. Bondar’ N. S. Normative and doctrinal nature of decisions of the Constitutional Court of the Russian Federation as sources of law. Journal of Russian Law, 2007, no. 4, pp. 75–85 (in Russian).
  15. In the Case of the Interpretation of Article 136 of the Constitution of the Russian Federation. Resolution of the Constitutional Court of the Russian Federation no. 12-P of 31.10.1995. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1995, no. 45, art. 4408 (in Russian).
  16. In the Case of the Interpretation of Articles 103 (Part 3),105 (Parts 2 and 5), 107 (Part 3), 108 (Part 2), 117 (Part 3) and 135 (Part 2) of the Constitution of the Russian Federation. Resolution of the Constitutional Court of the Russian Federation no. 2-P of 12.04.1995. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1995, no. 16, art. 1451 (in Russian).
  17. In the Case of Verification of Constitutionality of Paragraph 1 of Part Three of Article 31 of the Criminal Procedure Code of the Russian Federation in connection with the Complaint of a Citizen A. S. Lymar`. Resolution of the Constitutional Court of the Russian Federation no. 6-P of 25.02.2016. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2016, no. 10, art. 1476 (in Russian).
  18. In the Case of Verification of Constitutionality of Paragraph 1 of Part Three of Article 31 of the Criminal Procedure Code of the Russian Federation in connection with the Request of the Leningrad Regional Court. Resolution of the Constitutional Court of the Russian Federation no. 13-P of 11.05.2017. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2017, no. 21, art. 3067 (in Russian).
Received: 
06.02.2021
Accepted: 
20.02.2021