Search citation statements
Paper Sections
Citation Types
Year Published
Publication Types
Relationship
Authors
Journals
This article studies the content and results of the Russian constitutional reform in 2020, initiated by the President of the Russian Federation, which aimed to change the aspects of the public authorities’ functioning. The main goal of this research paper is to analyze the content of the constitutional amendments, which directly affected the Russian Judicial Power. The author systematizes and analyzes the constitutional amendments, which have reformed the Russian system of public power, initially established by the Russian Constitution in 1993. The research focuses on the status and real role of the judiciary in the modern system of separation of powers in Russia. The Russian Constitutional Reform 2020 is studied on the basis of traditional methods of scientific research and by the use of special legal research methods (historical and legal, comparative legal and formal legal analysis). The author concludes that the constitutional amendments of 2020 have actually entailed a real reform of the judiciary. Firstly, there was an unreasonable and unmotivated reduction in the number of judges of the Constitutional Court of Russia (from 19 to 11 people); the author believes that the actual number of judges in the future may drop to 6. Secondly, the competence of the Russian Constitutional Court has significantly changed, which entrusted this constitutional body with quasi-political powers to conduct preliminary abstract normative control of acts that have not entered into legal force, which de-facto draws the Court into the legislative process and negatively affects the possibility to challenge the constitutionality of such normative acts in the future by the submission of constitutional complaint. Thirdly, in the course of the constitutional reform of 2020, the procedure for terminating the powers of judges was revised, and now judges can be removed from their posts on the initiative of the Russian President with the formal support of the Federation Council. The author comes to the general conclusion that the Russian Constitutional Reform 2020 has weakened the judicial power, compared with other branches of power.
This article studies the content and results of the Russian constitutional reform in 2020, initiated by the President of the Russian Federation, which aimed to change the aspects of the public authorities’ functioning. The main goal of this research paper is to analyze the content of the constitutional amendments, which directly affected the Russian Judicial Power. The author systematizes and analyzes the constitutional amendments, which have reformed the Russian system of public power, initially established by the Russian Constitution in 1993. The research focuses on the status and real role of the judiciary in the modern system of separation of powers in Russia. The Russian Constitutional Reform 2020 is studied on the basis of traditional methods of scientific research and by the use of special legal research methods (historical and legal, comparative legal and formal legal analysis). The author concludes that the constitutional amendments of 2020 have actually entailed a real reform of the judiciary. Firstly, there was an unreasonable and unmotivated reduction in the number of judges of the Constitutional Court of Russia (from 19 to 11 people); the author believes that the actual number of judges in the future may drop to 6. Secondly, the competence of the Russian Constitutional Court has significantly changed, which entrusted this constitutional body with quasi-political powers to conduct preliminary abstract normative control of acts that have not entered into legal force, which de-facto draws the Court into the legislative process and negatively affects the possibility to challenge the constitutionality of such normative acts in the future by the submission of constitutional complaint. Thirdly, in the course of the constitutional reform of 2020, the procedure for terminating the powers of judges was revised, and now judges can be removed from their posts on the initiative of the Russian President with the formal support of the Federation Council. The author comes to the general conclusion that the Russian Constitutional Reform 2020 has weakened the judicial power, compared with other branches of power.
The subject of the article is justification of the main elements of the constitutional responsibility of the Russian Constitutional Court in the context of constitutional reform. The purpose of the article is confirmation or refutation of the hypothesis that the Constitutional Court must be subject to constitutional responsibility. The methodology. The author uses methods of complex analysis of legislation, synthesis, as well as formal-logical and formal-legal methods. The main results, scope of application. Russia as a democratic state excludes the existence of legally irresponsible subjects of state power. It concerns the Constitutional Court of the Russian Federation. Legal irresponsibility characterizes only the absolute monarchy. The article comprehensively examines the problem of responsibility of the Constitutional Court of the Russian Federation, the reasons for the poor development of this institution in legislation and academic literature are also considered. The reasons for the Constitutional Court's dependence on the President of the Russian Federation as a "guarantor of the Constitution of the Russian Federation" have been systemized. The author considers duumvirate of guarantors of constitutional legitimacy as a nonsense. The reasons for the Constitutional Court's peculiar use of the law of the legislative initiative are considered. This initiative was used only in the direction of increasing the term of the powers of judges of the Constitutional Court from 65 up to 70 years. The life-long status of the President of the Court is seen as a violation of the principle of equality of judges, which is the most important guarantee of the independence of the Constitutional Court. Constitutional reform-2020 completed the process of dependence of the Constitutional Court on the President of the Russian Federation and the "second government" - the Administration of the Russian President. Some constitutional and legal torts of the Constitutional Court of the Russia are considered also. The author comes to the conclusion that judges of the constitutional court have a special responsibility - political, moral and historical. The main questions are need to be resolved: who has the right to state the torts of the constitutional court and what are the consequences of this statement?
The paper highlights the publication of the first comprehensive edition on the history of domestic consitutional justice. An attempt to reconstruct the prehistory of domestic constitutional normative control supported by a profound source base is one of the values of the retrospection section (until 2001). The paper marks two opposite interpretations of constitutional control — constitutional (value-based) and functional (pragmatic). The ambivalent understanding of the nature of constitutional jurisdiction results in groundless, both conceptually and empirically, reproaches of constitutional justice for politicization. The chapters on the current stage provide both less properly justified and contradictory theses than those expressed in retrospection section chapters. Lack of strength of the expressed arguments adversely affect the methodological integrity and conceptual unity of the entire text.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.