Simone Lawson
The Constitutional Court of Russia is a high court within the judiciary of Russia. It is considered a separate and independent court, with 11 judges and a quorum of 8. The court's primary role is to protect the Constitution and rule on whether laws, presidential decrees, and regional constitutions comply with it. The Constitutional Court also deals with judicial disputes between federal bodies and members of the Federation, and hears cases referred by the President, the Federation Council, and other legislative or executive authorities. The President of the Court, currently Valery Zorkin, presides over sessions and represents the court in its relations with state bodies.
| Characteristics | Values |
|---|---|
| Number of judges | 11 (with a quorum of 8) |
| Number of chambers | 9 |
| Judges' qualifications | Citizen of Russia, at least 40 years old, legal education, 15+ years of experience as a lawyer, "recognized high qualification" in law |
| Judges' term length | Indefinite (age limit of 70 for regular judges, 76 for Deputy President) |
| Powers | Rules on whether laws or presidential decrees are contrary to the Constitution, deals with specific types of disputes, interprets the Constitution, reviews Russian laws and treaties, rules on the constitutionality of laws, practices "constitutional review", decides whether federal laws/presidential decrees/regional laws comply with the federal constitution |
| Jurisdiction | First instance jurisdiction over cases involving international treaties, economic disputes between subjects of the Russian Federation, some administrative matters, electoral questions, political parties and NGOs, allegations of serious judicial misconduct |
| Location | St. Petersburg |
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What You'll Learn
The Constitutional Court's role in interpreting the Constitution
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It is considered a separate and independent court, with its own jurisdiction. The Court's primary role is to interpret and uphold the Constitution of the Russian Federation. This involves reviewing the constitutionality of laws, decrees, and directives, and ensuring they comply with the federal constitution. 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 has the power of judicial review, which enables it to rule on whether laws, presidential decrees, and regional constitutions are contrary to or compatible with the Constitution. This process is known as "constitutional control" or "constitutional supervision". The Court can declare acts or provisions unconstitutional, rendering them invalid and preventing their enforcement.
The Constitutional Court consists of 11 judges, with a quorum of 8, and is presided over by a Court President. The judges are nominated by the President of Russia and appointed by the Federation Council for an indefinite term, with an age requirement of at least 40 years and a retirement age of 70. The Court's sessions are managed by the President, who also represents the Court in its relations with state bodies and has powers of appointment and disciplinary measures.
The Constitutional Court plays a crucial role in interpreting the Constitution and ensuring that the laws and actions of the government are in alignment with it. It provides a check on the power of the legislative and executive branches, protecting the rights and freedoms enshrined in the Constitution. The Court's independence is vital to its function, although there have been concerns and allegations regarding the influence of the executive office and security services on the judiciary.
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The Court's power to rule on laws and presidential decrees
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It is empowered to rule on whether laws or presidential decrees are contrary to the Constitution of Russia. The Court's primary objective is to protect the Constitution, a function known as "constitutional control" or "constitutional supervision".
The Court has the power of judicial review, enabling it to determine the constitutionality of laws and decrees. It ensures that federal laws, presidential directives, and regional constitutions align with the federal constitution and international treaties. The Court can declare acts or provisions unconstitutional, rendering them invalid and preventing their enforcement.
The Constitutional Court plays a crucial role in interpreting the Constitution, providing clarity upon request from the President, the Council of the Federation, the State Duma, and other bodies. It also handles cases involving international treaties, economic disputes, administrative matters, electoral questions, and allegations of judicial misconduct.
The Court consists of 11 judges, including the President and Deputy President, with a quorum of 8. The judges are nominated by the President and appointed by the Federation Council for an indefinite term, with age limits for judges and the Deputy President. The President of the Court presides over sessions and represents the Court in relations with state bodies. They have significant powers in appointment matters and disciplinary recommendations.
The Constitutional Court of Russia operates independently, with its own jurisdiction. It is not subordinate to other constitutional courts within the Russian Federation. The Court's decisions carry significant weight, shaping the interpretation and application of laws in the country.
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Judicial independence and the appointment of judges
The Russian Federation has a two-tiered court system, with federal courts and regional courts. The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It is considered a separate, independent court, with 11 judges and a quorum of 8. The President of the Court presides over its sessions. The Constitutional Court is responsible for cases concerning conformity with the Constitution, disputes between federal bodies, between a federal body and a member of the Federation, and between members of the Federation. It practices "constitutional review" to decide whether federal laws, presidential decrees, and regional constitutions comply with the federal constitution, as well as treaties between governments. The Constitutional Court also has the power of "constitutional control" or "constitutional supervision", ruling on whether laws or presidential decrees are contrary to the Constitution of Russia.
The judges of the Constitutional Court are nominated by the President of Russia and appointed by the Federation Council for an indefinite term, although some sources state a term of 12 years. The President of the Court has considerable powers in the matters of appointment and makes the initial recommendation for disciplinary measures, including dismissal. Candidates are recommended by the Qualification Board or Higher Judges' Qualifications Board to the President, who then recommends them to the Federation Council. To become a judge of the Constitutional Court, a person must be a citizen of Russia, at least 40 years of age, have a legal education, have served as a lawyer for at least 15 years, and have "recognized high qualification" in law.
The independence of the judiciary in Russia has been questioned by some judges, who claim that the presidential executive office and security services have undermined it. In 2009, Constitutional Court Judge Vladimir Yaroslavtsev stated that the executive office had undermined judicial independence, leading to his forced resignation for "undermining the authority of the judiciary". Judge Anatoly Kononov supported Yaroslavtsev, claiming that there was no independent judiciary in Russia and criticising the amendments concerning the appointment of the court president as undemocratic. Kononov was also forced to step down from the Constitutional Court ahead of schedule.
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The Court's relationship with other federal bodies
The Constitutional Court of Russia is an independent judicial body that interprets and applies the law of Russia. It is responsible for cases concerning the conformity of laws, presidential decrees, and regional constitutions with the federal constitution. 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 presided over by a President, who is one of the 11 judges that make up the Court. The President is responsible for representing the Court in its relations with state bodies and has powers in the matters of appointment and disciplinary measures. The judges are nominated by the President of Russia and appointed by the Federation Council for an indefinite term, with an age limit of 70 for regular judges and 76 for the Deputy President.
The Constitutional Court is one of the federal courts in Russia, which also include the supreme courts of republics, courts of territories, courts of cities of federal importance, courts of autonomous regions, and courts of autonomous areas. These federal courts are separate from the regional courts, which are the primary appellate courts.
The Constitutional Court has the power to rule on the constitutionality of laws and treaties, and its decisions are final. The Court's objective is to protect the Constitution and deal with disputes where it has original jurisdiction. The Court also provides interpretations of the Constitution upon the request of the President, the Council of the Federation, the State Duma, and other bodies of legislative power.
The Constitutional Court is not subordinate to the Supreme Court, which is the highest court in Russia. The Supreme Court supervises the activities of all other judicial bodies and serves as the final court of appeal. The Supreme Court has 115 members and nine chambers, including the Plenum and the Presidium, which have supervisory and advisory roles, respectively.
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The Court's history and evolution since the 1980s
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It rules on whether laws and presidential decrees contradict the Russian Constitution. The Court's objective is to protect the Constitution, a function known as "constitutional control" or "constitutional supervision".
Before the 1980s in the USSR, there was no recognition of the importance of judicial supervision over the compatibility of legislation and executive actions with the provisions and principles of the constitution. This changed on 25 December 1989, when the Constitutional Control in the USSR Act was passed, initiating "judicial review".
In mid-1990, the Constitutional Supervision Committee was formed. It functioned until the end of 1991, when it was dissolved. In December 1990, the Constitution of the Russian Soviet Federated Socialist Republic (RSFSR) was amended to include provisions for the creation of a Constitutional Court. On 12 July 1991, the Constitutional Court of the RSFSR Act was adopted, and in October, 13 members of the Court were elected, marking the beginning of the Court's de facto functioning.
From November 1991 to October 1993, the Court made several significant decisions. For instance, it declared certain decrees of the Presidium of the Supreme Soviet unconstitutional and prohibited extrajudicial evictions. However, on 7 October 1993, a decree issued by Boris Yeltsin suspended the work of the Constitutional Court, citing that it was "in deep crisis". Subsequently, on 24 December, another decree repealed the Constitutional Court of the RSFSR Act.
A new Constitutional Court Act was adopted in July 1994, and the new Court began operating in February 1995. The Court's location was transferred from Moscow to Saint Petersburg in 2008.
The Constitutional Court of the Russian Federation consists of 11 judges, including the President and Deputy President. The Court has the power to interpret the Constitution and can invalidate laws or provisions that are deemed unconstitutional.
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Frequently asked questions
The Constitutional Court of Russia is a high court within the judiciary of Russia. It is considered a separate, independent court.
The Constitutional Court of Russia is responsible for cases concerning conformity with the Constitution. It rules on whether laws, presidential decrees, and directives, and regional constitutions, charters, and laws comply with the federal constitution, as well as treaties between national and regional governments. The court also has first instance jurisdiction over cases involving international treaties, economic disputes between the subjects of the Russian Federation, some administrative matters, electoral questions, political parties, and NGOs.
The Constitutional Court of Russia consists of 11 judges (with a quorum of 8) and is presided over by a President. The judges are nominated by the President of Russia and appointed by the Federation Council for an indefinite term. However, there is an age limit of 70 for regular judges and 76 for the Deputy President of the Court.
The Constitutional Court of Russia was previously located in Moscow but was moved to Saint Petersburg in 2008.
