Zharkov Maxim Olegovich, Postgraduate student, Penza State University (40 Krasnaya street, Penza, Russia), firstname.lastname@example.org
Background. In the legislation of the Russian Federation and the subjects of the Russian Federation there is a contradiction and a lack of unity of approaches to re-solving the issues of formation and activity of the constitutional (statutory) courts of the Russian Federation, to defining of the powers thereof. The Federal Constitutional Law “On the Judicial System of the Russian Federation” has established only general parameters of these bodies’ competence in the minimal volume. Therefore, the subjects of the Russian Federation, without affecting the constitutional framework and the prerogatives of the federal legislator, define the powers of the constitutional control themselves. The aim of the work is to analyze the legislative bases of the constitutional process subjects’ status in the constitutional (statutory) courts.
Materials and methods. Implementation of the research objectives was achieved by using the analysis of the legal norms of the Russian legislation regulating the activities of the constitutional (statutory) courts. The study emphasizes various points of view on this issue by the leading theorists in the field of the Russian law. The methodological potential included scientific methods (dialectical analysis, synthesis, analogy, induction, deduction) and particular scientific methods (system, linguistic, legalistic and comparative law), which allow to compare different views on the legal nature of the constitutional (statutory) courts of the Russian Federation as a special legal phenomenon contained in the sources of law such as legislation, enforcement practice of courts and constitutional law doctrines.
Results. The author considered the problem of development of the constitutional (statutory) courts of the Russian Federation, their legal nature from the point of view of constitutional law scholars, as well as a position of the legislator, gave arguments to refute or confirm them, substantiated his own position on the issue.
Conclusions. The study of the activity of the constitutional (statutory) courts of the subjects directly promotes formation of the Russian Federation as a legal and social state, strengthens the foundations of the constitutional system, and it is directly related to construction of a truly democratic federal state and formation of a uniform legal space of the country.
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