KULawR' - Articles - Статья 'Nikolai S. Bondar. THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE NATIONAL AND SUPRANATIONAL SYSTEMS OF JURISDICTIONAL BODIES: COOPERATION AND COMPETITION (2017)1 (4) KUTAFIN UNIVERSITY LAW REVIEW 68'

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

Bibliography:

1. The RF Law on the amendment to the Constitution of the RF dated February 5, 2014 No. 2-FKZ “On the Supreme Court of  the Russian Federation and the Prosecutor’s Office of the Russian Federation” // SZ RF. 2014. No. 6. Art. 548.
 2. The Decision dated July 17, 2014 N 1567-О // OG (Official gazette) RF. 2014. No 30 (Part II). Art. 4397.
3. Federal Constitutional Laws “On making amendments to the Federal Constitutional law “On the Constitutional Court of the Russian Federation”: 1) dated June 4, 2014 No. 9-FCL // OG RF. 2014. No. 23. Art. 2922; 2) dated June 8, 2015 No. 5-FCL // OG RF. 2015. No. 24. Art. 3362; 3) dated December 14, 2015 No. 7-FCL // OG RF. 2015. No. 51 (Part 1). Art. 7229.
4. Vereshchagin А.N. On the forms of judicial rule-making in the Russian Empire // Bulletin of Economic Justice in the  Russian Federation. 2014. No. 11. P. 6.
5. Mikhailovskiy I.V. Judicial law as an independent legal science (On the question of the system of legal sciences) // Law. 1908. No. 32. Pp. 1733–1741.
6. Shahray S.М. The Influence of the Judicial Reform of 1864 on the political system of modern Russia // The Juridical World. 2014. December. No. 12. Pp. 39, 40.
7.  Bondar N.S. Judicial constitutionalism: a doctrine and practice. 2nd revised edition. М.: Norma, 2015
8.  Kryazhkov V.А. The legislation on the Constitutional Court of the RF: novelties of 2014 // The State and Law. 2014. No. 12.
9.  Bondar N.S. Judicial constitutionalism: a doctrine and practice. М.: Norma, 2015. P. 8–91, 101–112, 127–138 and others.
10. Zorkin V. D. The precedent character of the decisions of the Constitutional Court of the RF // The Russian Law Journal. 2004. No. 12. Pp. 4–7; of the same author: The modern world, law and the Constitution. М., 2010. P. 159–171;
11. Gadjiev G.А. Methodological problems of “the precedent revolution” in Russia // The Journal of Constitutional Justice. 2013. No. 4 (34). P. 5–8; 
12. Vereshchagin А.N. Some myths about the precedent law in Russia // Ibid. Pp. 15–18.
13. Tanchev Е. The emerging supranational constitutionalism and modern systems of the constitutional control // The Comparative Constitutional Review. 2007. No. 4. P. 61.

Link:
Nikolai S. Bondar. THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE NATIONAL AND SUPRANATIONAL SYSTEMS OF JURISDICTIONAL BODIES: COOPERATION AND COMPETITION (2017)1 (4) KUTAFIN UNIVERSITY LAW REVIEW 68

Kutafin University Law Review

academic peer-reviewed law journal

Kutafin University Law Review

academic peer-reviewed law journal

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