Features of the enforcement of decisions of the Constitutional (charter) court of a constituent entity of the Russian Federation on issues of constitutional regional normative acts with the constitution and the charter of the Constituent entity of the Russian Federation

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Introductions: the article discusses the features of the enforcement of decisions of constitutional (charter) courts of the constituent entities of the Russian Federation. It is noted that verification of the conformity of constitutional regional normative acts with the provisions of the constitution and the charter of a constituent entity of the Russian Federation is the basic authority of the constitutional (charter) court of a constituent entity of the Russian Federation. The problems of the execution of decisions related to the legal and technical inaccuracies of regional laws, the lack of fixing specific procedural deadlines for execution are analyzed. It is proposed to consolidate measures of constitutional legal responsibility in relation to the head of the region and the representative (legislative) body of the subject of the Russian Federation. Materials and Methods: the normative basis of the study was certain provisions of the Constitution of the Russian Federation, Federal Constitutional Law dated 31.12.1996 No. 82 “On the Judicial System of the Russian Federation”, Federal Law dated 06.10.1999 No. 184 “On the General Principles of Organization of Legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, regional regulatory acts governing the activities of the constitutional (charter) court of a constituent entity of the Russian Federation, acts of the Supreme and Constitutional Courts of the Russian Federation. Results: the experience of regional legislation aimed at improving the efficiency of enforcement of decisions of constitutional (charter) constituent entities of the Russian Federation is given, the means of increasing the efficiency of enforcement of decisions of constitutional (charter) courts of constituent entities of the Russian Federation are indicated. Discussion and Conclusions: Summing up, it should be pointed out that the authority of the constitutional (charter) courts of the constituent entities of the Russian Federation to comply with regional regulatory acts with the constitution or the charter of the region is one of the fundamental. The type of normative legal act in respect of which a decision of the constitutional (charter) court is made may affect the procedural terms in the enforcement mechanism. Of great importance is the precise determination of the procedural terms and subjects of execution of decisions of the constitutional (charter) court of a subject of the Russian Federation. Measures of constitutional legal responsibility in the form of early termination of powers of the head of the region or the legislative (representative) body of state power is an extreme measure, but duplication and consolidation of such a measure in regional legislation can increase the efficiency of the mechanism for the enforcement of decisions of constitutional (charter) courts in the regions.

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Decisions of the constitutional (charter) court of a subject of the russian federation, duality, constitutional (charter) legal proceedings, regional constitutionalism, constitutional justice

Короткий адрес: https://sciup.org/142225416

IDR: 142225416   |   DOI: 10.37973/KUI.2020.66.53.002

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