Prospects of Regional Constitutional Justice in Russia

DOI

10.2991/assehr.k.201205.058How to use a DOI?

Keywords

Constitutional (statutory) courts of subjects, legal positions of the Constitutional Court of the Russian Federation, human rights, trends of regional constitutional justice

Abstract

The study is devoted to the analysis of regional constitutional justice in Russia. The study examines the legal nature of the constitutional (statutory) courts of the constituent entities of the Russian Federation, their powers and possibilities for further development, as well as conducts a critical analysis of the decisions of the Constitutional Court of Russia, including the Opinions of the Constitutional Court of March 16, 2020, which, in fact, may lead to the liquidation of the above courts, since, According to the Court, the Constitution contains an exhaustive list of courts within the judicial system of the Russian Federation, and this list does not contain constitutional (statutory) courts of the constituent entities of the Federation; describes the negative consequences of such a scenario. The result of the study is the justification for the need to preserve regional constitutional justice of constitutional (statutory) courts of the constituent entities of the Russian Federation, as well as the right of the constituent entities to their judicial systems within the framework of the judicial system of the Russian Federation. This is possible if based on Article 118 of the Constitution of the Russian Federation in a new version the federal legislator leaves a dispositive norm granting regions the right to establish their constitutional (statutory) courts in the Federal Constitutional Law “On Judicial System in the Russian Federation”. The significance of such a decision is certainly great, since these courts are not only one of the signs of the statehood of the constituent entities of the Federation, but also the most important tool for protecting the rights, freedoms and legitimate interests of citizens living in the territories of the relevant constituent entities. Further developments related to the adoption of a number of federal laws in order to bring them into line with the Constitution after the adoption of amendments to it, will show the prospects for the development of regional constitutional justice and the entire judicial system of Russia as a whole. Consequently, further research on the subject will be required, taking into account the relevant developments.

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  - M. S. Salikov
PY  - 2020
DA  - 2020/12/07
TI  - Prospects of Regional Constitutional Justice in Russia
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 342
EP  - 349
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.058
DO  - 10.2991/assehr.k.201205.058
ID  - Salikov2020
ER  -