Application of Legal Stances of the Constitutional Court of the Russian Federation

Abstract

The article is devoted to the difficulties the law enforcers face with when enforcing legal determinations of the Constitutional Court of the Russian Federation. This problem is particularly actualized in cases when fallacies can be found in the definitions of the Constitutional Court of the Russian Federation and they contradict formal and legal interpretation of the challenged rules of law given by the courts when making decisions: denying to accept a petition for consideration, the Constitutional Court of the Russian Federation in its legal stance, in fact, sets out the answer on the merits of the petition. At the same time, the Constitutional Court of the Russian Federation is not bound by its own legal determinations, which entails the existence of decisions with different legal stances on the same subject matter in the Constitutional Court jurisprudence. The author considers the examples taken from criminal procedural law and penal law. The article provides for the ways of overcoming the problem of non-enforcement of legal determinations of the RF Constitutional Court and its decisions as a whole.