Simone Lawson
The Constitutional Court of Russia is a high court within the judiciary of Russia. It is responsible for ensuring that laws and presidential decrees do not contradict the Constitution of Russia. The court has the power to declare certain laws and decrees unconstitutional and can be approached by citizens who believe their constitutional rights have been violated. The Constitutional Court is considered a separate and independent court, with 11 judges and a quorum of 8. The court has had a tumultuous history, with accusations of a lack of independence and interference from the executive branch.
| Characteristics | Values |
|---|---|
| Type of Court | High Court within the Judiciary of Russia |
| Objective | Protect the Constitution |
| Jurisdiction | Rules on whether laws or presidential decrees are contrary to the Constitution of Russia |
| Jurisdiction | Deals with disputes where it has original jurisdiction |
| Jurisdiction | Judicial disputes between 2 or more federal bodies, between a federal body and a member of the Federation, and between members of the Federation |
| Jurisdiction | Determines whether federal laws, presidential decrees and directives, and regional constitutions, charters, and laws comply with the federal constitution |
| Jurisdiction | Determines whether treaties between the national government and a regional government, and between regional governments, comply with the federal constitution |
| Judges | 11 (with a quorum of 8) |
| Session Chair | President of the Court |
| Session Topics | Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment of the President of Russia, and Constitutional Court's proposals of legislation |
| Session Topics | Any other issue at the Court's discretion |
| Cases Heard | Cases referred by the President, the Federation Council, the State Duma, one-fifth of the members of either chamber of the Federal Assembly, the Government, the Supreme Court, or other bodies of legislative or executive authority |
| Cases Heard | Complaints by citizens of allegations of constitutional rights violations |
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What You'll Learn
Conformity with the Constitution
The Constitutional Court of Russia is a high court within the judiciary of Russia. It is responsible for ensuring 'conformity with the Constitution' and protecting the Constitution from breaches by federal laws, presidential decrees and directives, and regional constitutions, charters, and laws. The Court also deals with judicial disputes between federal bodies, and between federal bodies and members of the Federation, or between members of the Federation.
The Constitutional Court is considered a separate, independent court, and it is the only court with the power to rule on whether laws or presidential decrees are contrary to the Constitution of Russia. The Court's objective is to protect the Constitution (known as "constitutional control" or "constitutional supervision") and deal with a few kinds of disputes where it has original jurisdiction. The Court may also submit any issue to a plenary session at its discretion.
The Court hears cases referred by the President, the Federation Council, the State Duma, one-fifth of the members of either chamber of the Federal Assembly, the Government, the Supreme Court, or other bodies of legislative or executive authority. It also hears complaints by citizens of alleged constitutional rights violations.
The Constitutional Court of Russia was established in 1993, following the collapse of the Soviet Union in 1991. The Court's creation was provided for in the Constitution of the Russian Soviet Federated Socialist Republic (RSFSR), which was amended in December 1990. The Constitutional Court Act was adopted in July 1994, and the Court began working in February 1995.
The Court has faced some challenges, including accusations of undermining the authority of the judiciary and a lack of independence. There have also been instances where the Supreme Court has ignored the rulings of the Constitutional Court.
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Judicial disputes between federal bodies
The Constitutional Court of Russia is a high court within the judiciary system of Russia. It is responsible for cases concerning the conformity of laws, presidential decrees, and regional constitutions with the Constitution of Russia. The Court also deals with judicial disputes between federal bodies, between a federal body and a member of the Federation, and between members of the Federation.
The Constitutional Court is considered a separate and independent court within Russia's trifurcated court system, which also includes ordinary (military and non-military) and other courts. The Court is composed of 11 judges, with a quorum of 8, and is presided over by the President of the Court. It has the power to rule on the constitutionality of laws, disputes concerning the competence of governmental agencies, the impeachment of the President of Russia, and the Court's own proposals of legislation.
The Constitutional Court of Russia has a history dating back to the late 1980s and early 1990s. The importance of judicial supervision and "judicial review" was recognised in 1989 with the passing of the Constitutional Control in the USSR Act. The Constitutional Supervision Committee was created and functioned from 1990 until the end of 1991. In 1991, the Constitution of the Russian Soviet Federated Socialist Republic (RSFSR) was amended to provide for the creation of the Constitutional Court.
The Constitutional Court of Russia has faced some challenges and controversies. In 1993, Boris Yeltsin's decree suspended the work of the Court, citing a "deep crisis". The new Constitutional Court Act was adopted in 1994, but the Court did not start working until 1995 due to delays in appointing judges. In 2009, Constitutional Court Judge Vladimir Yaroslavtsev claimed that the presidential executive office and security services had undermined judicial independence. This led to his forced resignation from the Council of Judges for "undermining the authority of the judiciary".
The Constitutional Court of Russia plays a crucial role in ensuring that the laws and actions of federal bodies are in alignment with the country's constitution. By handling judicial disputes between federal bodies, the Court helps maintain a check and balance on the exercise of power and ensures that the rights and obligations of the various entities are upheld.
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Disputes between a federal body and a member of the Federation
The Constitutional Court of Russia is a high court within the judiciary of Russia. It is responsible for ensuring that laws and presidential decrees do not contradict the Constitution of Russia. The Court also deals with specific kinds of disputes where it has original jurisdiction.
One type of dispute that falls under the jurisdiction of the Constitutional Court of Russia is that between a federal body and a member of the Federation. This can include disputes between two or more federal bodies, as well as disputes between members of the Federation. The Court's objective in these cases is to protect the Constitution and ensure that all parties comply with it.
The Constitutional Court of Russia practices constitutional review to decide whether federal laws, presidential decrees and directives, and regional constitutions, charters, and laws comply with the federal constitution. This means that the Court examines these legal documents and determines if they are consistent with the principles and provisions of the Constitution. If a conflict is identified, the Court may take action to resolve it and uphold the supremacy of the Constitution.
In addition to its role in constitutional review, the Constitutional Court of Russia also handles complaints by citizens who allege that their constitutional rights have been violated. The Court has the power to review and rule on these complaints, providing a mechanism for citizens to seek redress if they believe their rights have been infringed upon.
The Constitutional Court of Russia is an independent and separate court within the Russian judiciary. It is composed of 11 judges, with a quorum of 8, and is presided over by the President of the Court. The Court's decisions are final and binding, and it plays a crucial role in interpreting and safeguarding the Constitution of Russia.
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Disputes between members of the Federation
The Constitutional Court of the Russian Federation is a high court within Russia's judiciary. It has the power to rule on whether laws or presidential decrees contradict the Russian Constitution. The Court's sole objective is to protect the Constitution, a function known as "constitutional control" or "constitutional supervision".
The Constitutional Court of Russia deals with a few kinds of disputes where it has original jurisdiction. One of these is disputes between members of the Federation.
The Russian Federation is the largest country in the world in terms of geography, spanning 11 time zones across two continents. It has a complex legal history, with significant reforms introduced by Tsar Alexander II in the 19th century, including the abolition of serfdom and the promulgation of Russia's first constitution in 1864. The collapse of the Soviet Union in 1991 brought further historic reforms, including a new constitution in 1993, modernised legal and procedural codes, and the reintroduction of jury trials.
The Constitutional Court of the Russian Federation was established in 1991, with the adoption of the Constitutional Court of the RSFSR Act. However, its work was suspended in 1993 by a decree from President Boris Yeltsin, who claimed the Court was "in deep crisis". A new Constitutional Court Act was adopted in 1994, and the new Court started working in 1995.
The Court has faced some challenges to its independence. In 2009, Constitutional Court Judge Vladimir Yaroslavtsev claimed that the presidential executive office and security services had undermined judicial independence. He was forced to resign from the Council of Judges for "undermining the authority of the judiciary". Another judge, Anatoly Kononov, supported Yaroslavtsev and criticised the amendments concerning the appointment of the court president as undemocratic. Kononov was forced to step down from the Constitutional Court in 2010, seven years ahead of schedule.
Despite the important role of the Constitutional Court, there has been at least one instance where the Supreme Court of the Russian Federation ignored its position. In May 2021, the Constitutional Court ruled that the norms applied in the case of citizen Irina Nikiforova contradicted the Constitution and indicated the need for a review of the court decisions made against her. However, the Supreme Court denied the review of Nikiforova's case.
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Presidential decrees and directives
The Constitutional Court of Russia is a high court within the judiciary of Russia. It has the power to rule on whether presidential decrees and directives are contrary to the Constitution of Russia. The Court's objective is to protect the Constitution, a function known as "constitutional control" or "constitutional supervision".
The Court's jurisdiction includes reviewing presidential decrees and directives to ensure they comply with the federal constitution. This involves examining the compatibility of presidential actions with the provisions and principles of the Constitution. For example, in the case of Irina Nikiforova, the Constitutional Court found that the norms applied in her case contradicted the Constitution and directed the lower courts to review their decisions.
The Constitutional Court's role in overseeing presidential decrees and directives is essential for maintaining the balance of powers and ensuring that the President's actions do not exceed their constitutional authority. The Court acts as a check on the executive power, providing a mechanism for judicial review and protection of citizens' rights.
However, the Court's independence has been questioned at times. In 2009, Constitutional Court Judge Vladimir Yaroslavtsev claimed that the presidential executive office had undermined judicial independence. He was subsequently forced to resign by the Constitutional Court for "undermining the authority of the judiciary". This incident highlights the complex dynamics between the judiciary and the executive powers in Russia.
The Constitutional Court's jurisdiction over presidential decrees and directives is a critical aspect of Russia's legal system, ensuring that the President's actions are aligned with the Constitution and protecting the rights and freedoms guaranteed to Russian citizens.
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Frequently asked questions
The Constitutional Court of Russia is a high court within the judiciary of Russia that rules on whether laws or presidential decrees contradict the Constitution of Russia.
The Constitutional Court of Russia has jurisdiction over cases concerning conformity with the Constitution, judicial disputes between federal bodies, between a federal body and a member of the Federation, and between members of the Federation.
The Constitutional Court of Russia hears cases referred by the President, the Federation Council, the State Duma, one-fifth of the members of either chamber of the Federal Assembly, the Government, the Supreme Court, or other bodies of legislative or executive authority. It also hears complaints by citizens alleging constitutional rights violations.
There are 11 judges in the Constitutional Court of Russia, with a quorum of 8.
The Constitutional Court of Russia is responsible for interpreting the Constitution and ensuring that laws and decrees comply with it. The Supreme Court of Russia is the highest court of appeal.
