Kutafin University Law Review

(KULawR)

academic peer-reviewed law journal


In issue 1 on 2017 year

THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE NATIONAL AND SUPRANATIONAL SYSTEMS OF JURISDICTIONAL BODIES: COOPERATION AND COMPETITION

DOI: 10.17803/2313-5395.2017.1.7.002-027

Author: Nikolai S. Bondar

Rubric: RIGHT TO HEALTH AND SUSTAINABLE DEVELOPMENT

Annotation: The article considers some problems of cooperation between the Constitutional Court of the Russian Federation and other jurisdictional bodies at both national and supranational levels in the context of the author’s understanding of judicial constitutionalism. The author enunciates constitutional paradoxes of constitutional justice that bring to light the place and role of the Сonstitutional Court in the system of judicial bodies, the legal nature of the Court’s decisions, and the character of its influence over practical jurisprudence. Offering to assess modern European unifying trends in the context of national-constitutional integration, the author rests his idea on the fact that the grounds and framework of implementation of European Сconventional requirements must be determined with due regard to the unity of axiological (value) principles of a national legal system associated with the constitutional polyphony of a Conventional legal system that monitoring mechanisms must be not only of subsidiary character but also of consensual one. In view of that, the paper analyzes processes of implementation of the ratio decidendi (rationale for the decision) of the European Court of Human Rights into the judicial practice of the Constitutional Court of the Russian Federation and the ways of overcoming conflicts that emerge between them.


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Keywords: Judiciary; Constitutional Court; general jurisdiction; interaction

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