Indirect individual access to constitutional justice in Russia

The article examines the institution of indirect access of citizens and organizations to constitutional justice in Russia, which is less fully covered in domestic legal scholarship compared to direct access — complaints from individuals about the violation of their constitutional rights and freedoms. The authors examine this institution in historical and legal dynamics, starting with the activities of Committee for Constitutional Supervision of the USSR and the Constitutional Court of the RSFSR, when indirect access was declarative in nature, and ending with the current state, enshrined in the current editions of the Constitution of the Russian Federation and the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. The main attention is paid to the analysis of all forms of indirect access: court requests for constitutionality of regulations to be applied in specific cases, complaints from the Prosecutor General, federal and regional human rights commissioners, specialized ombudspersons, as well as all-Russian organizations that can represent the interests of individuals. Having studied the legislation and practice of the Constitutional Court of the Russian Federation in considering appeals from these bodies and officials, the authors conclude that the effectiveness of the relevant mechanisms is uneven compared to each other. Court requests for specific cases can be considered the most effective method of indirect access, which is confirmed by their frequency and law enforcement significance. Complaints from the federal ombudspersons have demonstrated a certain potential, but their use depends on the activity of a specific official. At the same time, the institution of complaints from the Prosecutor General turned out to be practically unclaimed, and new mechanisms — appeals from regional and specialized ombudspersons, as well as all-Russian organizations — are still in the process of formation. The authors emphasize the discrepancy between constitutional and legal norms and sectoral legislation, which complicates the full functioning of indirect access. The article proposes either reforming or abolishing ineffective institutions, as well as legal strengthening of new mechanisms in order to ensure real protection of citizens’ rights by means of constitutional justice.