Constitutional (Statutory) Courts of the Constituent Entities of the Russian Federation as Bodies of Judicial Constitutional Control

Abstract

The article argues that the constitutional (statutory) courts of the constituent entities of the Russian Federation are of a dual nature. The basic laws of the constituent entities of the Russian Federation refer constitutional (statutory) courts to State authorities and to the judicial authorities of the constituent entities of the Russian Federation. In addition, their independent and autonomous nature in relation to the other branches of State power. Constitutional control, as a kind of public activity has its purposes (detection, elimination of contradictions), is carried out by special agents (bodies of the constitutional control), has the scope of application (laws, other regulatory legal acts, practice), and possesses the necessary means (methods and ways) for its implementation. The purpose of the constitutional control is not only provision of the rule of law in the State, but also the appropriateness of legislative act from a position of ensuring human and civil rights and freedoms. On the basis of a decision of a body of the constitutional control, an unconstitutional act loses its legal force in whole or in part and is eliminated from the system of legislation. The nature of the decisions of the constitutional and statutory courts testifies to the presence of law adjusting function with these bodies. However, it is necessary to take account of the authorities of the constituent entities of the Russian Federation do not create new constitutional norms in their decisions but only adjust those that already exist in the legislation of the Russian Federation. Therefore, through constitutional jurisdiction the authorities settle disputes relevant to the strengthening of constitutional legitimacy and the rule of law in the territory of the Russian Federation.