The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation
In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specific example, when a decision of...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)
2023-09-01
|
| Series: | Теоретическая и прикладная юриспруденция |
| Subjects: | |
| Online Access: | https://www.taljournal.ru/jour/article/view/304 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1841536672662028288 |
|---|---|
| author | V. R. Borisova |
| author_facet | V. R. Borisova |
| author_sort | V. R. Borisova |
| collection | DOAJ |
| description | In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specific example, when a decision of the Constitutional Court of the Russian Federation was issued in the interests of the applicants, however, the corresponding federal law was not adopted in the manner prescribed by law. Solutions to this problem are proposed. The necessity of allowing the courts of the Russian Federation to allow the possibility of appealing against the inaction of the State Duma of the Federal Assembly of the Russian Federation according to the rules of Chapter 22 of the Code of Administrative Procedure is substantiated. The author criticizes the position of the Supreme Court of the Russian Federation on the impossibility of such actions if the adoption or amendment of a federal law has become the subject of consideration by the Constitutional Court of the Russian Federation. It is concluded that such a position violates the constitutional principle of separation of powers. |
| format | Article |
| id | doaj-art-ace49c4ae541461fbf675257a0dd53fd |
| institution | Kabale University |
| issn | 3034-2813 |
| language | English |
| publishDate | 2023-09-01 |
| publisher | North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) |
| record_format | Article |
| series | Теоретическая и прикладная юриспруденция |
| spelling | doaj-art-ace49c4ae541461fbf675257a0dd53fd2025-01-14T11:56:24ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция3034-28132023-09-0103788110.22394/2686-7834-2023-3-78-81195The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian FederationV. R. Borisova0Far Eastern Federal UniversityIn the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specific example, when a decision of the Constitutional Court of the Russian Federation was issued in the interests of the applicants, however, the corresponding federal law was not adopted in the manner prescribed by law. Solutions to this problem are proposed. The necessity of allowing the courts of the Russian Federation to allow the possibility of appealing against the inaction of the State Duma of the Federal Assembly of the Russian Federation according to the rules of Chapter 22 of the Code of Administrative Procedure is substantiated. The author criticizes the position of the Supreme Court of the Russian Federation on the impossibility of such actions if the adoption or amendment of a federal law has become the subject of consideration by the Constitutional Court of the Russian Federation. It is concluded that such a position violates the constitutional principle of separation of powers.https://www.taljournal.ru/jour/article/view/304constitutional justicelegislative processexecution of decisions of the constitutional court of the russian federationprosecution authoritiescode of administrative procedurecompetence of the state duma |
| spellingShingle | V. R. Borisova The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation Теоретическая и прикладная юриспруденция constitutional justice legislative process execution of decisions of the constitutional court of the russian federation prosecution authorities code of administrative procedure competence of the state duma |
| title | The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation |
| title_full | The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation |
| title_fullStr | The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation |
| title_full_unstemmed | The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation |
| title_short | The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation |
| title_sort | problem of non execution of decisions of the constitutional court of the russian federation |
| topic | constitutional justice legislative process execution of decisions of the constitutional court of the russian federation prosecution authorities code of administrative procedure competence of the state duma |
| url | https://www.taljournal.ru/jour/article/view/304 |
| work_keys_str_mv | AT vrborisova theproblemofnonexecutionofdecisionsoftheconstitutionalcourtoftherussianfederation AT vrborisova problemofnonexecutionofdecisionsoftheconstitutionalcourtoftherussianfederation |