PRINCIPLES OF ACTIVITY OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

ABSTRACT

This article examines the key principles of the Constitutional Court of the Russian Federation, which plays an important role in ensuring the supremacy of the Constitution and protecting the rights of citizens. In the course of the study, the principles of the Constitutional Court of the Russian Federation were studied and analyzed, their positive aspects and problems arising during their implementation were identified.

Keywords: Constitutional Court, principles, transparency, judge, law, legal proceedings, Constitution.

Before starting the analysis of this topic, it is necessary to determine the role of the Constitutional Court in the judicial system of the Russian Federation. In accordance with Article 125 of the Constitution of the Russian Federation, the Constitutional Court is the highest judicial body of constitutional control in the Russian Federation, exercising judicial power through constitutional proceedings in order to protect the foundations of the constitutional system, fundamental human and civil rights and freedoms, ensuring the supremacy and direct effect of the Constitution of the Russian Federation throughout the Russian Federation. As it is known, the activity of the Constitutional Court has fundamental principles or principles that ensure constitutional order in the state, the basic principles include: independence of judges, collegiality, transparency, competitiveness and equality of the parties. So, it is necessary to understand what importance and what role they play in ensuring constitutional order.

• The principles of the Constitutional Court ensure constitutional order through the implementation of the following functions:
• Checking the constitutionality of normative acts: the court verifies the compliance of federal constitutional laws, federal laws, normative acts of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation and other public authorities with the Constitution of the Russian Federation.
• Resolution of disputes on competence between public authorities: The court considers disputes on the compliance of actions and decisions of public authorities with the Constitution of the Russian Federation and federal laws.
• Interpretation of the Constitution of the Russian Federation: the court clarifies the provisions of the Constitution of the Russian Federation, which contributes to a uniform understanding and application of the Basic Law of the country.
• Protection of fundamental human and civil rights and freedoms: the court examines citizens' complaints about violations of their constitutional rights and freedoms by actions and decisions of State bodies and officials.
• Ensuring the supremacy of the Constitution of the Russian Federation: the court ensures compliance with the Constitution of the Russian Federation by all state authorities and officials, as well as protects the foundations of the constitutional system of Russia.

Having clarified the role of the principles of the Constitutional Court through their implementation through certain functions, it will be important to consider in more detail and reveal the meaning of each principle, identifying their advantages and disadvantages.

• The principle of judicial independence, in addition to the Constitution of the Russian Federation, is enshrined in the federal constitutional law "On the Judicial System of the Russian Federation", the federal law "On the Status of Judges in the Russian Federation". It means that the judge considers the case in an environment that excludes any impact, and also makes decisions in accordance with the Constitution of the Russian Federation and federal law. Interference in the activities of a judge in any form, giving instructions on the resolution of a court case, an attempt to put pressure on a judge is a violation of the principle of independence and, therefore, a person who violates these provisions is subject to liability established by law.
• The principle of collegiality means that the consideration of cases and making decisions on them are carried out strictly collegially by judges of the Constitutional Court. This principle can be considered from several sides, for example, it promotes the adoption of more balanced and correct decisions, but if viewed from a different angle, it rather slows down the adoption of quick decisions on court cases and issues that, for example, cannot be delayed, since this principle obliges all judges to participate in the consideration.
• The principle of transparency presupposes the openness of the sessions of the Constitutional Court, which allows citizens to be a participant in constitutional proceedings, and on the other hand, helps to increase citizens' confidence in the Constitutional Court of the Russian Federation. However, the principle of transparency of the Constitutional Court has the following negative sides: 1) The possibility of abuse of information by participants in the process. This may lead to a violation of the secrecy of the conference room. 2) The risk of leakage of confidential information. This may threaten the safety of the participants in the process and violate their rights to privacy. 3) The possibility of exerting pressure on judges. Abuse of the principle of transparency can create conditions for exerting pressure on judges and making decisions that are not based on the law.
• The principle of competition and equality of the parties implies equality of the parties, which is expressed in the fact that the parties have equal opportunities to defend their position, the opportunity to explain their opinions on a specific issue. However, there are some problems, expressed in the fact that the availability of more significant resources from one of the parties may lead to abuse of their rights in relation to the other party, and there is also a risk of making erroneous decisions due to the unpreparedness of the parties to the constitutional proceedings.

Thus, summing up the above, it is worth noting that the above list of principles of the Constitutional Court is not exhaustive, this article has considered only the key principles and fully disclosed their contents. We believe that these principles have their key role, which is that they ensure the rights and freedoms of citizens, as well as the supremacy of the Constitution of the Russian Federation.

References:

1. "The Constitution of the Russian Federation" (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 07/01/2020)
2. Federal Constitutional Law No. 1-FKZ dated 12/31/1996 (ed. from 04/16/2022) "On the Judicial System of the Russian Federation" (with amendments and additions, intro. effective from 01.01.2023)
3. The Law of the Russian Federation "On the Status of Judges in the Russian Federation" dated 06/26/1992 No. 3132-1 (latest edition) (edition dated 07/10/2023 No. 286-FZ)
4. Iskandarova, R. T. The problem of judicial independence in the Russian Federation / R. T. Iskandarova // Current research. 2020 No.10 (13). Part II. pp. 36-38.
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