Constitutional Court of the Russian Federation
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Constitutional Court of Russian Federation (Russian: Конституционный Суд Российской Федерации) is a high court which is empowered to rule on whether or not certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect Constitution (in Russian constitutional law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kind of disputes where it has original jurisdiction, whereas the highest appellate court is the Supreme Court of the Russian Federation.
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[edit] History
Before 1980s in the USSR the importance of judicial supervision over compatibility of legislation and executive actions with the provisions and principles of the constitution was not recognized. Only on December 25, 1989 Constitutional Control in the USSR Act was adopted. Accordingly, Constitutional Supervision Committee was created. It started functioning in mid-1990 and was dissolved in late 1991. In December 1990 the Constitution of the RSFSR was amended with provisions which provided for creation of Constitutional Court (whereas similar USSR body was called Committee, not Court). On July 12, 1990 Constitutional Court of the RSFSR Act was adopted. In October the Fifth RSFSR Congress of Soviets elected 13 members of the Court and the Constitutional Court de facto started functioning. From November 1991 till October 1993 it rendered some decisions of great sifnificance. For example, it declared unconstitutional certain decrees of Presidium of the Supreme Soviet, which were adopted ultra vires, and forbade the practice of extrajudicial eviction.
On October 7, 1993 Boris Yeltsin's decree suspended work of the Constitutional Court. According to the decree, the Constitutional Court was "in deep crisis". On December 24 another presidential decree repealed the Constitutional Court of the RSFSR Act itself. In July 1994 the new Constitutional Court Act was adopted. However, the new Constitutional Court started working only in February, 1995, because the Federation Council of Russia several times refused to appoint judges nominated by Yeltsin.
[edit] Composition
Constitutional Court of Russian Federation consists of 19 judges, one being the Chairman (currently - Valery Zorkin) and another one being Deputy Chairman. Judges are appointed by the President of Russia with the consent of Federation Council of Russia. In order to become a judge of the Constitutional Court a person must be citizen of Russia, attain the age of 40, have legal education, have length of service as a lawyer at least 15 years and have "recognized high qualification" (quotation from Constitutional Court Act) in law. The Constitutional Court consists of two chambers consisting of 10 and 9 jugdes respectively. The Chairman presides over one of the chambers, the Deputy Chairman presides over the other chamber. Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment of the president of Russia and Constitutional Court's proposals of legislations must be dealt with on plenary session. Besides, Constitutional Court may by its discretion submit to plenary sessions any other issue.
[edit] Powers
Certain powers of the Constitutional Court are enumerated in the Constitution of Russia. Constitutional Court declares laws, presidential and governmental decrees and laws of federal subjects unconstitutional if it finds that they are contrary to the Constitution (i.e. they violate certain rights and freedoms of citizens enumerated in and protected by the Constitution). Thus the law becomes unenforceable, governmental agencies must not implement it. Also, before international treaty is ratified by the State Duma, constitutionality of the treaty may be observed by the Constitutional Court. Constitutional Court is not entitled to judge constitutionality of laws on its own initiative. The law may be submitted to the Constitutional Court by the President of Russia, the government of Russia, the State Duma, the Federation Council of Russia, one-fifth of members of the State Duma or the Federation Council, the Supreme Court of the Russian Federation or the Supreme Arbitration Court of the Russian Federation. Any federal court may request the Constitutional Court to judge on the constitutionality of a law if the law is to be implemented in a case and a judge of the federal court is in doubt about whether the law is contrary to the Constitution. Also, any private citizen may submit in the Constitutional Court a claim challenging constitutionality of a particular law if that law was implemented in a particular case and thus violated rights of that citizen.
Another power of the Constitutional Court is to resolve disputes concerning competence of governmental agencies.
Constitutional Court interpretes the Constitution of Russia if a request was made by the President of Russia, the government of Russia, the Federation Council of Russia, the State Duma, or by a legislative body of federal subject. Interpretations of the Constitution made by the Constitutional Court are compulsory for other bodies.
Whenever the President of Russia is impeached, the Constitutional Court renders a resolution concerning complying with the due order of indictment.
[edit] Procedure
The Constitutional Court deals with cases either in chambers or in plenary sessions. All judges must be present unless he or she is sick or may have interest in the case and must not abstain from voting on the resolution. Apart from judges, claimant and his representatives governmental agencies involved are present. In order for resolution or decision to pass two-thirds of judges must be in favor of it.
[edit] See also
[edit] External links
- Official Website (Russian)
