Judicial Establishment of the Facts Necessary to Implement Constitutional Responsibility

Abstract

The article draws attention to a number of problems associated with judicial establishment of facts relevant to the implementation of constitutional responsibility. The main problem is caused by legislative uncertainty of the procedure according to which such facts are subject to being established. The analysis of the law enforcement practice has shown that some facts of constitutional law significance are established in the order provided for by Chapter 28 of the Civil Procedure Code of the Russian Federation, which causes some problems. Under the law: 1) the applicants in such cases are not defined; 2) jurisdiction is not always clear; 3) when considering such a category of cases, disputes cannot be excluded. To resolve the problems that appeared in judicial practice the author suggests that the Code of Administrative Procedure could be supplemented by the provisions dedicated to the judicial establishment of facts that are significant for public law relations (including relations subject to responsibility under constitutional law).