Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation
https://doi.org/10.24147/2542-1514.2018.2(1).123-132
Abstract
Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.
Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.
Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.
Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.
The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.
Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.
About the Author
A. V. Nikitina
Khabarovsk State University of Economics and Law, Khabarovsk, Russia
Russian Federation
Russian Federation
PhD in Law, Associate Professor, Department of Constitutional, Administrative and Financial Law
SPIN-code: 8657-1647
References
1. Popova Yu.A. Theoretical issues of judicial procedure on cases arising from public law relations, Doct. Diss. Krasnodar, 2002. 364 p. (In Russ.).
2. Plotnikov D.A. Peculiarities of the adversarial principle in the sphere of cases arising from public legal relations. Arbitrazhnyi i grazhdanskii protsess = Arbitrazh and Civil Procedure, 2011, no. 11, pp. 6–11. (In Russ.).
3. Kurokhtin Yu.A. Constitutional legal regulation and realization of adversarial principle in court proceedings in the Russian Federation, Cand. Diss. Moscow, 2007. 170 p. (In Russ.).
4. Liverovskii A.A., Petrov M.V. Some peculiarities of realization of adversarial principle in Constitutional (statutory) court proceedings. Zhurnal konstitutsionnogo pravosudiya = Journal of Constitutional Justice, 2008, no. 1, pp. 42–48. (In Russ.).
5. Nesmeyanova S.E. The constitutional principle of adversary and equality of parties in constitutional proceedings. Vestnik Ustavnogo suda Sverdlovskoi oblasti, 2006, no. 1, pp. 143–149. (In Russ.).
6. Zhamborov M.S. Realization of adversary principle in Russian Constitutional Court proceedings, Cand. Diss. Moscow, 2013. 177 p. (In Russ.).
7. Bondar' N.S. Judicial constitutionalism in the context of constitutional justice. Moscow, Norma Publ., INFRA-M Publ., 2011. 544 p. (In Russ.).
8. Zamotaeva E.K. Judicial review of norms as a mean of resolving constitutional legal disputes in the Russian Federation, Cand. Diss. Moscow, 2005. 246 p. (In Russ.).
9. Gadzhiev G.A. (ed.). Commentary to the Federal Law “On Constitutional Court of the Russian Federation” (article-by-article). Moscow, Norma Publ., INFRA-M Publ., 2012. 762 p. (In Russ.)
10. Brezhnev O.V. Judicial constitutional control in Russia: problems of methodology, theories and practices, Doct. Diss. Moscow, 2006. 447 p. (In Russ.).
11. Kryazhkov V.A., Lazarev L.V. Constitutional justice in the Russian Federation, teaching aid. Moscow, BEK Publ., 1998. 462 p. (In Russ.).
12. Narutto S.V., Nesmeyanova S.E., Shugrina E.S. Constitutional court proceedings, textbook. Moscow, Norma Publ., INFRA-M Publ., 2014. 432 p. (In Russ.).
13. Vitruk N.V. Constitutional justice. Constitutional judicial law and process, teaching aid. Moscow, Norma Publ., INFRA-M Publ., 2011. 592 p. (In Russ.).
14. Carpentier E. Judicial resolution of disputes between constitutional agencies, Thesis. Institut Universitaire Varenne, 2006. 452 p. (In French).
15. Ezerov A.A. Constitutional conflict as a phenomenon and process in Ukraine, Cand. Diss. Thesis. Odesa, 2007. 20 p. (In Ukrainian).
16. Berdugina Yu.M. Subjects of constitutional court proceedings, Cand. Diss. Yekaterinburg, 2006. 233 p. (In Russ.).
17. Petrukhin I.L. (ed.). The Judicial power. Moscow, Prospekt Publ., 2003. 720 p. (In Russ.).
18. Anishina V.I. Courts’ requests to the Constitutional Court of the Russian Federation about constitutional review of law, Cand. Diss. Moscow, 2001. 211 p. (In Russ.).
19. Belov S.A. On the character of disputes considered by the Russian Constitutional Court, in: Sheveleva N.A., Gritsenko E.V., Belov S.A. (comps.). Modeli konstitutsionnoi yustitsii v sovremennom mire, materials of a scientific conference. St. Petersburg, 2007, pp. 5–22. (In Russ.).
20. Raikova N.S. Adversary and equality of parties principle in constitutional court proceedings. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2006, no. 2, pp. 16–21. (In Russ.).
21. Gadzhiev G.A., Gadzhiev A.G. General principles of the judicial review of norms. Moscow, Russian Academy of Justice Publ., 2006. 156 p. (In Russ.).
22. Vlasova К.B. Constitutional disputes as a subject of judicial resolution (in connection with one dissertation). Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2011, no. 10, pp. 48–54. (In Russ.).
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For citations:
Nikitina A.V. Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation. Law Enforcement Review. 2018;2(1):123-132. https://doi.org/10.24147/2542-1514.2018.2(1).123-132
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