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

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
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article

Gaps of Constitutional Importance and Qualification Thereof in the Russian Constitutional Justice Practice

Oleg V. Brezhnev
Constitutional and municipal law
Legal and Policy Issues
article

Gaps of Constitutional Importance and Qualification Thereof in the Russian Constitutional Justice Practice

Oleg V. Brezhnev
article en

Abstract

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.

Constitutional and municipal law
Openalex Percentile: Top 47%
Legal and Policy Issues
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