THE ROLE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN REINFORCEMENT AND DEVELOPMENT OF CONSTITUTIONAL VALUES

被引:0
|
作者
Tatarinov, Sergey A. [1 ]
机构
[1] Tomsk State Univ, Tomsk, Russia
来源
关键词
Constitutional Court of the Russian Federation; constitutional doctrine; constitutional ideology and reasoning; constitutional norms and values; constitutionality of existing legislation; decisions and legal positions of the Constitutional Court of the Russian Federation;
D O I
10.17223/15617793/432/30
中图分类号
O [数理科学和化学]; P [天文学、地球科学]; Q [生物科学]; N [自然科学总论];
学科分类号
07 ; 0710 ; 09 ;
摘要
The aim of this article is to study the theoretical and practical questions of influence of the Constitutional Court of the Russian Federation on the formation and development of constitutional values according to which the constitutionality of different spheres and parts of public and state life should be carried out. On the basis of specific scientific methods (systematic, formal-legal, method of legal hermeneutics) and analysis of the decisions of the Constitutional Court of the Russian Federation, in the framework of the proposed classification of constitutional norms and values, the author pays special attention to the functioning of the principles of equality, social justice, human dignity that penetrate the most important aspects of relations between the person, society and the state. Primarily, the Constitutional Court of the Russian Federation influences the implementation of constitutional values in the legislation of state organs by providing stability of regulation of a person's duties before the state and by prohibiting groundless and unfair refusal of the state to fulfill public and social obligations before people, by making inequality in exemption and advantages to citizens of one social group inadmissible, by introducing rational, proportional and fair restrictions of the main rights and freedoms, by guaranteeing the realization of possibility to equal and fair judicial defense, by making the state legally liable before the person under conditions of complete and just compensation of harm. Besides, the constitutional influence of the Constitutional Court on legislation supposes the determination of hierarchy and balance inside the system of competitive constitutional values, maintaining of balance of personal legal and public legal interests, overruling of legal deformations and grounding of elaboration and admission of characteristics of future legislative acts that involve the rights and freedoms of a person. Therefore, expansion of the influence of constitutional values by the Constitutional Court of the Russian Federation on law enforcement by organs of public authority corrects the action sphere of debatable norms in a new interpretation, which in future excludes its implementation, which is different from the constitutional sense; it restores a previous legislative regulation or it admits the possibility of action of this norm as recognized and which non-contradicting to constitutional statements in a particular part. The interpretational function of the Constitutional Court on interpretation of the Constitution of the Russian Federation and sectoral legislation has a big practical value for establishing fundamental constitutional values in the activity of public organs, for it presupposes creation of legal statements as particular regulatory and doctrinal determinations, which are examples of behavior in constitutional practice and are able to generate new constitutional values.
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页码:224 / 230
页数:7
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