Stage of constitutional proceedings: the concept and types of

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2018-04-04 17:30:27

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Constitutional proceedings in the Russian Federation, the concept, principles, stage of of consideration of appeals are governed by Federal law. The rules provided strict procedural procedure for the adoption applications, checking the validity of their registration, proceedings on the merits and passing decisions. Next, let's consider the concept and types of stages of constitutional proceedings. stages of proceedings

General information

The Constitutional courts, there are more than 70 years. This body was established relatively recently by the decision of the Congress of deputies on 19 December 1990 g. From that moment began to take shape constitutional law in the country. Today, such bodies are the republics of Bashkortostan and Tatarstan, Dagestan, Udmurtia, Sakha (Yakutia), Komi, Buryatia, Chechnya, Karelia. In the Sverdlovsk region Charter court functions.

Specifications

The Emergence of the constitutional court it is difficult to imagine in a totalitarian regime. In the recent past, these institutions did not fit into the political structure, not conducting a clear division of power in the branches. The formation of (among other things) prevented the centralization of public administration. At the present time, Russia has taken a clear course towards a General democratic values. It is therefore made possible the establishment of a constitutional court. It performs essential function in a legal state.

The Concept of stages of constitutional proceedings

The activities of the COP, as was said above, clearly defined in the legislation. Rules defined stages, within which are committed to specific procedural steps. The Scheme of stages of the constitutional proceedings Includes:

  1. Introduction of the treatment.
  2. Preliminary examination.
  3. Acceptance/rejection of application.
  4. Preparation for the hearing.
  5. The Consideration of the appeal on the merits.
  6. Discussions, voting and decision-making.
  7. The Promulgation, publication and entry into force of the decision.
  8. Execution.

the concept of stages of constitutional proceedings

Making requests

The First stage of the constitutional proceedings is the direction of the complaint, petition or request. The appeal must comply with the requirements laid down in FZ. The law establishes the grounds on which the case is accepted for consideration. As they are:

  1. Identified uncertainty as to the constitutionality of the law, other legal act, agreement between bodies of state power, not entered into force international agreements.
  2. Discovered a contradiction in the positions of the parties concerning supplies of powers under the dispute about competence.
  3. Identified uncertainty in the understanding of constitutional provisions.
  4. Nomination by the state Duma charges to the President in high treason or Commission of another offence of a grave nature.

Applications are sent to the constitutional court in written form. They must be signed by the entitled entity. The law provides for the mandatory payment of state fees. stage of the constitutional proceedings in the Russian Federation

Preliminary examination

This Stage of the constitutional proceedings check references. The Chairman of the constitutional court in the established order sends orders to one or more officials on the study of the material received. To this the judges has no more than 2 months. Preliminary review – a compulsory stage. At the end of that Stage of the constitutional proceedings is made a conclusion. It is reported in a plenary meeting.

Acceptance/rejection of application

The Corresponding decision was adopted in plenary. For this Stage of the constitutional proceedings in the Russian Federation is given no more than a month. Calculation of the period starts from the date of completion of the preliminary examination of applications. About decision taken at the meeting shall be notified to the parties to the proceedings. Rejection of an application, petition, request is allowed if:

  1. Resolution of the merits is not within the competence of the COP.
  2. Treatment according to the requirements of the Federal law, is not valid.
  3. On the matter it was decided previously which are still in force.

On this depends the possibility of moving to the next Stage of the constitutional proceedings and the participation of the representative of the Either side (or both sides).

Preparing for the hearing

This Stage of the constitutional proceedings assigns one or several rapporteurs. In the process of study treatment and follow-upthe preparation for the proceedings, the authorized person is requesting the necessary materials, requests execution of audits, examinations, investigations. He could use the advice of experts and to submit requests. The Rapporteur and the Chairman of the meeting establishes the circle of persons who are subject to call, give orders to notify subjects about the time and place of the hearing, sending the case materials. the concept and types of stages of constitutional proceedings

Proceedings

The meeting provides the presiding officer. It verifies the presence of the parties, shall examine the credentials of their representatives. In the absence of any of the parties or of their respective rights to speak on someone else's face, discusses the possibility of trial. Parties and representatives explained the duties and responsibilities. In accordance with the Rules of the COP, the meeting shall be kept. This shows the process and results of the hearing.

The Presiding officer excludes from the proceedings all that is irrelevant. It provides judges and process participants a chance to speak. While he is entitled to interrupt the speaker, to deprive the words, if someone willfully violates the sequence. A study of the merits starts with the report of the Rapporteur of the grounds and reasons for consideration, the subject matter, content and the measures which were taken preparatory toSatisfy these constitutional proceedings. The judge asks the parties to give explanations, make a legal argument justifying their position. In addition, listen to the experts, the witnesses, examined additional documents. All materials studied in the meeting and attached to the case on the certified copies or the originals. Upon completion of the survey parties are invited to make a closing statement. If the Court deems it necessary to determine any additional facts relevant to the proceedings, to investigate new materials, the decision on the resumption of the process. Termination of proceedings if in the course of proceedings will be discovered, the grounds for refusal to accept the treatment. After the recognition of study questions over announced about the end of the hearing. the first stage of the constitutional proceedings

Decision Making

The Final decision is made by the Court in a closed meeting. The discussion involved only officials of the COP dealing with the case. In the deliberation room may be the presence of employees involved in logging. During the discussion the judges have the right freely to Express their opinions and ask other Board members to clarify their findings. In the minutes of the meeting recorded the questions put to the vote and the results of the vote. The act is signed by all judges and is not subject to disclosure.

Types of solutions

The Final act on the merits of any matter set forth in section 1-4 of part 1 of article 3 of the Federal constitutional law "On constitutional court", is called resolution. It is submitted on behalf of the Russian Federation. The final decision on the merits of the request for execution of the established procedure for the nomination of the President against accusations of treason or another serious act, is called the conclusion. All other acts of the CCU are referred to as definitions. constitutional proceedings in the Russian Federation the concept of the principles of stage

Announcement, publication, entry into force of decisions

The proclamation of the acts carried out in open meeting immediately after the signing. Conclusion and decisions of the COP within two weeks should be sent to:

  1. Parties.
  2. The Judges of the constitutional court.
  3. The President, the state Duma, the Federation Council, the Commissioner for human rights to the Government.
  4. The sun, YOU, the attorney General, Minister of justice. stage of the constitutional proceedings and the participation of representative

The Solution may be directed to other bodies, organizations, officials, public associations or citizens. Conclusions and orders shall be immediately published in the official publications of Federal government agencies, regional authorities, where these acts concern. Decisions published in the "Bulletin of the COP". Acts adopted by the Court are final and not subject to appeal. The entry into force immediately upon announcement.

Version

The COP Decision must be made immediately after the publication or delivery of its official text. Other terms may be stipulated directly in the act. Failure to perform, improper performance or creating obstacles for the implementation of the decisionsThe constitutional Court shall entail liability provided for in Federal legislation.

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