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

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Cherepanov V.

Studia Politologiczne

2018

vol. 48

175-185

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.

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1 Studia Politologiczne

1 Cherepanov V.

1 2018

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