On a Direct Action of the Russian Constitution and Decisions of the Constitutional Court of the Russian Federation: Problems and Seeking Their Solutions

• Authors: Victor Cherepanov
• Languages of publication: EN

Abstracts

EN

A direct action of the Russian Constitution and decisions of the Constitutional Court of the Russian Federation as interconnected foundations of the practice of the enforcement of law are considered from the point of view of their immediate regulating impact on social relations. On the basis of the analysis of concrete cases and legal positions of the Constitutional Court some problems are marked, and possible ways of their solution are proposed. The author arrives at the conclusion that any subject of law in case of a collision between constitutional provisions and rules of any normative act must apply the Constitution but not the rules of this normative act even if this fact has not yet determined by the Constitutional Court. In an effort to solve problems arising during the direct action of the Constitution and decisions of the Constitutional Court active application of messages of the Constitutional Court is proposed which is marked in the Constitution but does not apply in the constitutional practice and is needed in detailed legal regulations.

Keywords

EN

direct action of the Constitution and decisions of the Constitutional Court,; nullification of federal legislation, legal positions of the Constitutional; Court, differentiated restriction of passive electoral rights, message of the; Constitutional Court

• Publisher: Instytut Nauk Politycznych Uniwersytetu Warszawskiego
• Journal: Studia Politologiczne
• Year: 2018
• Volume: 48
• Pages: 175-185

Contributors

author

Victor Cherepanov