Gaps of Constitutional Importance and Qualification Thereof in the Russian Constitutional Justice Practice
The article reveals the concept of constitutionally significant gaps in the legislation, the reasons for their occurrence and possible means of elimination. Based on an extensive analysis of the practice of the Constitutional Court of the Russian Federation, the features of the qualification by the body of constitutional justice of normative legal regulation as containing a constitutionally significant gap are shown. Particular attention is paid to the difference between a constitutionally significant gap and a constitutional legal defect, also identified by means of judicial constitutional control, which involve various types of influence of the constitutional justice body on legislation and the law-making process.
Authors
- Oleg V. Brezhnev
Publication Details
- Journal
- Constitutional and municipal law
- Published
- 2024-10-31
- DOI
- https://doi.org/10.18572/1812-3767-2024-11-42-46
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00