The Legal Nature and the Formation Limits of the Legal Propositions (Ratio Decidendi) of the Constitutional (Charter) Courts of the Constituent Entities of the Russian Federation

Abstract

The article discusses different points of view on the concept of ”a legal proposition (ratio decidendi) of the Constitutional Court of the Russian Federation.” Based on analysis of the points of view in question, the author highlights the main features of this notion and offers the author's definition of legal propositions (ratio decidendi) of the constitutional (charter) courts of the constituent entities of the Russian Federation. The analysis of the regional legislation regulating constitutional (charter) courts shows that the legal propositions of constitutional (charter) courts of the constituent entities of the Russian Federation and the decisions of the authorities mentioned are not identical concepts. A legal proposition of a court (ratio decidendi) is referred to as a rule (principle) formulated by the court in a case dealt with by this court as a result of the court interpretation of a legal act. The legal proposition of a regional body of constitutional justice is assigned a normative-interpretative nature and it applies not only to a purely specific normative legal act that should be evaluated in a particular case, but also to regulations that duplicate the provisions of the law evaluated by the court.