For citation:
Golovkova A. Y. Accessibility and Effectiveness of Mechanisms for the Judicial Protection of Constitutional Rights and Freedoms as the Rule of Law Indicators. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 3, pp. 335-343. DOI: 10.18500/1994-2540-2019-19-3-335-343
Accessibility and Effectiveness of Mechanisms for the Judicial Protection of Constitutional Rights and Freedoms as the Rule of Law Indicators
Introduction. The mechanisms for the judicial protection of citizens’ constitutional rights and freedoms by means of constitutional and administrative proceedings are analyzed in this article, taking into account the federative specifics of the Russian Federation. Theoretical and empirical analysis. The principle of accessibility of the rights protection mechanisms as the rule of law indicator is revealed through an analysis of the system of constitutional control bodies in the Russian Federation, the results of their completion process, as well as through an analysis of the alternative mechanism for the constitutional rights protection by the courts of general jurisdiction if there are no constitutional (statutory) courts in particular subjects of the Russian Federation. The principle is also revealed via comparative analysis of the admissibility criteria and requirements for citizens’ appeals to constitutional justice bodies and courts of general jurisdiction in order to protect their constitutional rights and individual organizational requirements. Besides, the article considers another indicator of the rule of law – the principle of the effectiveness of the mechanisms for the constitutional rights and freedoms protection – through the analysis of the legal force of decisions of the constitutional justice bodies and courts of general jurisdiction for the applicant, as well as their influence on other persons within the legal relations; the possibility of revision; the feasibility of court decisions, depending on the specifics of their content and the impact on the resumption of the case and the revision of decisions of other courts, that initially gave grounds for implementation of the judicial protection mechanisms for constitutional human rights and freedoms by means of constitutional and administrative proceedings. Results. Furthermore, the article set forth the main problems citizens face while implementing mechanisms for the judicial protection of their constitutional rights and freedoms. The author suggests some options for the solution of these problems.
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