Omar Bennett
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It was created in 1990 and started functioning in 1991. The court's primary objective is to protect the Constitution of Russia by ruling on whether laws or presidential decrees contradict it. The Constitutional Court also deals with a limited set of disputes where it has original jurisdiction. Notably, most decisions of the court are made without holding a hearing. The Constitutional Court plays a crucial role in the political landscape of Russia, including in impeachment proceedings against the president.
| Characteristics | Values |
|---|---|
| Type of Court | High Court within the judiciary of Russia |
| Powers | Ruling on whether laws or presidential decrees contradict the Constitution of Russia; arbitrating disputes between executive and legislative branches and between Moscow and regional/local governments; ruling on violations of constitutional rights; examining appeals; participating in impeachment proceedings against the president |
| Decision-Making Process | Most decisions are made without holding a hearing |
| Legal Consequences of a Ruling | Review of previously adopted court decisions on the applicant's case |
| Jurisdiction | Original jurisdiction on a few kinds of disputes; the Supreme Court of Russia is the highest court of appeal |
| Formation | The Constitutional Court of the Russian Federation was created in 1990 and started functioning in 1991 |
| Members | 13 members were elected in October 1991 by the Fifth Congress of People's Deputies of the Russian SFSR |
Explore related products
What You'll Learn
- The Constitutional Court of the Russian Federation is a high court
- It rules on laws and decrees contrary to the Constitution of Russia
- It can refuse to accept complaints on previously ruled legal norms
- The Court can rule without holding a hearing
- It was reconvened in 1995 after suspension during the 1993 constitutional crisis (1993 constitution)
The Constitutional Court of the Russian Federation is a high court
The Constitutional Court is empowered to rule on whether laws or presidential decrees contradict the Constitution. It can also deal with specific kinds of disputes where it has original jurisdiction. For example, it can rule on violations of constitutional rights and examine appeals from various bodies. Notably, the Constitutional Court's decisions are not subject to appeal.
The court plays a crucial role in impeachment proceedings against the President of Russia. Under the 1993 constitution, the Constitutional Court must confirm that proper procedures have been followed in filing impeachment charges.
The Constitutional Court has the authority to declare presidential actions unconstitutional. For instance, in 1993, the court declared President Yeltsin's assumption of extraordinary executive power during a political crisis unconstitutional, forcing him to back down.
In terms of its functioning, the Constitutional Court of the Russian Federation typically makes decisions without holding hearings. This means the parties involved and outsiders do not participate in the sessions. However, the court can choose to hold open court sessions in certain cases.
The Constitution's Guard Against Tyranny: A Historical Essay
You may want to see also
It rules on laws and decrees contrary to the Constitution of Russia
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It is empowered to rule on laws and presidential decrees that are contrary to the Constitution of Russia. This function is known as "constitutional control" or "constitutional supervision". The court's objective is to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction. The highest court of appeal above it is the Supreme Court of Russia.
The Constitutional Court declares laws, presidential and governmental decrees, and laws of federal subjects unconstitutional if it finds that they are contrary to the Constitution. In such cases, the law becomes unenforceable, and government agencies are barred from implementing it. The court also examines appeals from various bodies and participates in impeachment proceedings against the president.
The Constitutional Court was established in the early 1990s. In 1993, the court declared unconstitutional a decree by President Yeltsin announcing a "special regime" under which he would assume extraordinary executive powers. This was during a period of tension between Yeltsin and the parliament over power-sharing. The court was suspended by Yeltsin during the October 1993 constitutional crisis but was reconvened in March 1995.
Any private citizen may submit to the Constitutional Court a claim challenging the constitutionality of a particular law if that law was implemented in a particular case and thus violated the rights of that citizen. The court also resolves disputes concerning the competence of governmental agencies.
Chemical Analysis of Soap Scum: An Experimental Study
You may want to see also
It can refuse to accept complaints on previously ruled legal norms
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 contradict the Constitution of Russia. The court's primary objective is to protect the Constitution, a function known as "constitutional control" or "constitutional supervision".
The Constitutional Court can refuse to accept complaints on previously ruled legal norms. If new complaints are received on a previously verified legal norm, the court will refuse to accept them for consideration, referring to a previously issued ruling or resolution. However, there have been exceptions to this. For example, in 2015, the court accepted for consideration the complaint of S. V. Makhin on Article 237 of the Criminal Procedure Code of the Russian Federation. The court stated that, due to the continued receipt of appeals regarding the violation of citizens' constitutional rights, it would reconsider the issue of the constitutionality of the norm and accept the complaint.
The Constitutional Court often combines complaints and/or requests from different applicants concerning the same subject into one case. This was the case in 2014, when one ruling was issued on complaints from several legal entities and a court request combined into one case. The Constitutional Court's decisions are based on the text of the Constitution of the Russian Federation, as well as on decisions and rulings previously adopted by the court. The court may also refer to the norms of international documents of the UN and the Council of Europe.
The Constitutional Court has the authority to order the authorities to change laws and limit the period for eliminating identified violations in legislation. For example, in a resolution from December 2014, the court ordered the federal legislator to make changes to Article 159.4 of the Criminal Code within six months. The court also has the power to review previously adopted court decisions on the applicant's case.
Lincoln's Constitutional Conundrum: Jailing Dissenters
You may want to see also
Explore related products
$41.79 $54.99
The Court can rule without holding a hearing
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It has the power to rule on whether laws or presidential decrees contradict the Constitution of Russia. The Court's primary objective is to protect the Constitution, a function known as "constitutional control" or "constitutional supervision".
The Constitutional Court was created in 1990 when the Constitution of the Russian Soviet Federated Socialist Republic (RSFSR) was amended. It started functioning in 1991 and was temporarily dissolved in 1993 during a constitutional crisis. It was reconvened in 1995.
The 1993 constitution outlines the Court's authority to arbitrate disputes between the executive and legislative branches, as well as between Moscow and regional and local governments. The Court can also rule on violations of constitutional rights and participate in impeachment proceedings against the president.
Notably, the Court has the power to make decisions without holding a hearing. Article 47.1, introduced in 2010, allows the Court to consider cases "without holding a hearing", meaning without the participation of parties or outsiders. This means that the majority of the Court's decisions are made without a hearing. For example, in 2021, out of 55 decisions, only 5 were adopted in an open court session.
The Court's rulings are normative acts with direct action and are superior to any federal constitutional law and federal law. They are not subject to appeal.
Genetic Constitution: Understanding Individual Organisms
You may want to see also
It was reconvened in 1995 after suspension during the 1993 constitutional crisis (1993 constitution)
The Russian Constitutional Court was established in 1991 following the fall of the USSR. In 1993, a constitutional crisis in Russia led to a violent clash between President Boris Yeltsin and the then-parliament. This event resulted in troops storming the Russian parliament building and a new constitution that strengthened Yeltsin's hold on power.
Yeltsin's actions during this period were aimed at consolidating his power and reducing that of the parliament. On March 20, 1993, Yeltsin addressed the nation, declaring that he had assumed extraordinary executive powers pending a referendum on new legislative elections, a new constitution, and public confidence in the president and vice president. He also bitterly attacked the parliament, accusing them of attempting to restore the Soviet-era order.
The Constitutional Court, chaired by Valery Zorkin, initially pushed back against Yeltsin's power grab, declaring his announcement unconstitutional. However, Yeltsin retaliated by forcing Zorkin to resign and dissolving the Constitutional Court on September 21, 1993. This move was applauded by the West and the Moscow intelligentsia, as the parliament included many members with nationalist leanings.
Following its suspension, the Constitutional Court remained inactive until March 1995, when it was reconvened under the 1993 Constitution. This new constitution empowered the court to arbitrate disputes between the executive and legislative branches, as well as between Moscow and regional and local governments. It also authorised the court to rule on violations of constitutional rights, examine appeals, and participate in impeachment proceedings against the president.
The 1993 Russian constitutional crisis had a significant impact on the country's political trajectory. Some argue that it set Russia on a path towards authoritarianism, with Yeltsin's new constitution strengthening the presidential vertical of power. However, others disagree, stating that the crisis itself and the subsequent application of the constitution were the issues, rather than the document's content.
The Fourth Amendment and Students' Rights
You may want to see also
Frequently asked questions
The Constitutional Court of Russia is a high court within the judiciary of Russia.
The Court's role is to rule on whether laws or presidential decrees contradict the Constitution of Russia. It also deals with disputes between the executive and legislative branches and between Moscow and regional and local governments.
The Constitutional Court of Russia hears cases related to constitutional control or supervision, ensuring that laws and executive actions align with the Constitution. It also handles disputes within its original jurisdiction.
The decisions of the Constitutional Court are superior to any federal constitutional law and federal law and are not subject to appeal. However, their rulings can have legal consequences, such as reviewing previously adopted court decisions related to the applicant's case.
The judges of the Constitutional Court of the Russian Federation are appointed by the President of Russia, who presents the candidates to the Council of the Federation for approval.
