EXPERIENCE AND PROSPECTS FOR THE DEVELOPMENT OF CONSTITUTIONAL CONTROL: DOMESTIC AND FOREIGN PRACTICE

The author analyzes the history and present of constitutional control in Russia. The issues of improving the legal regulation of the organization and activities of the Constitutional Court of the Russian Federation are considered, taking into account their own national experience and practice of constitutional justice bodies in foreign countries. It is shown how the powers of the constitutional justice body are changing, the list of acts subject to verification by the Constitutional Court of the Russian Federation is expanding, and the range of subjects entitled to appeal to this Court is being clarified. A different approach was also analyzed in relation to the constitutional control bodies of the subjects of the Russian Federation. The author notes that having stated in 1996 the right of the subjects to create their own constitutional (statutory) courts, the federal legislator in 2020 obliged the subjects to abolish these bodies. At the same time, creating constitutional (statutory) councils under regional parliaments was allowed. Only three republics within the Russian Federation have established constitutional councils. A number of subjects have adopted laws or are only discussing the need for such bodies. The author concludes that the attitude of the subjects to this possibility is negative.

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Publication Details

Journal
European and Asian Law Review
Published
2024-08-20
DOI
https://doi.org/10.34076/27821668_2024_7_1_24
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

EXPERIENCE AND PROSPECTS FOR THE DEVELOPMENT OF CONSTITUTIONAL CONTROL: DOMESTIC AND FOREIGN PRACTICE

Svetlana E. Nesmeyanova
European and Asian Law Review
Legal and Policy Issues
article

EXPERIENCE AND PROSPECTS FOR THE DEVELOPMENT OF CONSTITUTIONAL CONTROL: DOMESTIC AND FOREIGN PRACTICE

Svetlana E. Nesmeyanova
article en

Abstract

The author analyzes the history and present of constitutional control in Russia. The issues of improving the legal regulation of the organization and activities of the Constitutional Court of the Russian Federation are considered, taking into account their own national experience and practice of constitutional justice bodies in foreign countries. It is shown how the powers of the constitutional justice body are changing, the list of acts subject to verification by the Constitutional Court of the Russian Federation is expanding, and the range of subjects entitled to appeal to this Court is being clarified. A different approach was also analyzed in relation to the constitutional control bodies of the subjects of the Russian Federation. The author notes that having stated in 1996 the right of the subjects to create their own constitutional (statutory) courts, the federal legislator in 2020 obliged the subjects to abolish these bodies. At the same time, creating constitutional (statutory) councils under regional parliaments was allowed. Only three republics within the Russian Federation have established constitutional councils. A number of subjects have adopted laws or are only discussing the need for such bodies. The author concludes that the attitude of the subjects to this possibility is negative.

European and Asian Law Review
Openalex Percentile: Top 56%
Legal and Policy Issues
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