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The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation

https://doi.org/10.22394/2686-7834-2023-3-78-81

Abstract

In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specific example, when a decision of the Constitutional Court of the Russian Federation was issued in the interests of the applicants, however, the corresponding federal law was not adopted in the manner prescribed by law. Solutions to this problem are proposed. The necessity of allowing the courts of the Russian Federation to allow the possibility of appealing against the inaction of the State Duma of the Federal Assembly of the Russian Federation according to the rules of Chapter 22 of the Code of Administrative Procedure is substantiated. The author criticizes the position of the Supreme Court of the Russian Federation on the impossibility of such actions if the adoption or amendment of a federal law has become the subject of consideration by the Constitutional Court of the Russian Federation. It is concluded that such a position violates the constitutional principle of separation of powers.

About the Author

V. R. Borisova
Far Eastern Federal University
Russian Federation

Viktoriya R. Borisova, student

Vladivostok



References

1. Balayan, E. Yu. Execution of decisions of the Constitutional Court on complaints about violations of constitutional rights and freedoms of citizens [Ispolnenie reshenij Konstitucionnogo Suda po zhalobam na narushenija konstitucionnyh prav i svobod grazhdan]. Access from RLS “ConsultantPlus”.

2. Barry, D. The Constitutional Court of Russia through the eyes of an American lawyer [Konstitucionnyj Sud Rossii glazami amerikanskogo jurist]. State and Law [Gosudarstvo i pravo]. 1993. No. 12. Pp. 79–90.

3. Evdokimov, V. B. On the execution of decisions of the Constitutional Court of the Russian Federation [Ob ispolnenii reshenij Konstitucionnogo Suda Rossijskoj Federacii]. Access from RLS “ConsultantPlus”.

4. Plekhanova L. N. President of the Russian Federation in the system of bodies of legal protection of the Constitution of the Russian Federation: A PhD Thesis in Law [Prezident Rossijskoj Federacii v sisteme organov pravovoj ohrany Konstitucii Rossijskoj Federacii: Avtoref. dis. ... kand. jurid. Nauk]. Tomsk, 2004.


Review

For citations:


Borisova V.R. The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation. Theoretical and Applied Law. 2023;(3):78-81. (In Russ.) https://doi.org/10.22394/2686-7834-2023-3-78-81

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ISSN 3034-2813 (Online)