Legal Facts in Federal Constitutional Proceedings

DOI

10.2991/assehr.k.201205.022How to use a DOI?

Keywords

Constitutional litigation, constitutional proceedings, legal facts, constitutional legal relations, the Constitutional Court, the Constitution

Abstract

Within the research we attempt to characterize the essence of the legal fact, its conceptual content and main features in the context of correlation with the bases of the constitutional judicial process. The authors first applied the approach to the study of the legal fact in the implementation by the Constitutional Court of the Russian. The analysis of the constitutional and legal literature shows that the scientists and constitutionalists, noting the existence of legal facts, do not characterize this legal category in the structure of constitutional legal relations. It is necessary to recognize as a feature of legal facts that there are grounds for the emergence and dynamics of constitutional legal relations in the area of activity of the Constitutional Court, which is not always the specific nature of a life circumstance fitting the ideal legal model. In analyzing the grounds for hearing the case, the authors point out that if the applicant does not comply with the requirements for application which leads to impossibility of its acceptance, the Secretariat of the Constitutional Court does not refuse to accept the case what cannot be considered as a restriction of the applicant’s right to appeal to the Constitutional Court. According to the authors, the Law of the Russian Federation on Amendments to the Constitution of the Russian Federation of 14.03.2020 no. 1-FCL “On Improvement of Regulation of Certain Issues of the Organization and Functioning of Public Power” opens up new perspectives in the study of the legal fact in the context of constitutional justice.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Andrey Gusev
AU  - Oleg Kozhevnikov
PY  - 2020
DA  - 2020/12/07
TI  - Legal Facts in Federal Constitutional Proceedings
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 124
EP  - 128
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.022
DO  - 10.2991/assehr.k.201205.022
ID  - Gusev2020
ER  -