DOI: https://doi.org/10.32461/2226-3209.1.2018.178345

CONSTITUTIONAL (STATUTORY) JUSTICE AS AN ELEMENT OF THE STATE-LEGAL SYSTEM OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

Alsu Khurmatullina, Anas Gataullin

Abstract


Abstract. The article is devoted to the possibility of implementing the constitutional control by the judicial bodies within the framework of the principle of unity of the judicial system. The authors analyzed the federal and regional legislation regulating the activities of constitutional (statutory) justice. We identified the distinctive features of constitutional and statutory courts in the Russian Federation, and noted the dual nature of the Constitutional Court of the Russian Federation and the constitutional (statutory) courts of the constituent entities of the Russian Federation. The existence of legal links between constitutional justice bodies brings individual scholars and practitioners to the idea of the existence of a hierarchical relationship between them. At the same time, they completely ignore the fact that such a phenomenon in the form of strengthening the vertical of constitutional control bodies may lead to excessive centralization of judicial power as a whole and centralization of federal and regional legal systems. In this regard, it would be incorrect to speak of constitutional (statutory) courts of the constituent entities of the Russian Federation only as an organizational element of the government of a particular region. As a result of the study, the author concludes that these bodies form different subsystems in a single judicial system and
need further reform in order to ensure constitutional values.
Key words: constitutional control, principle of unity, constitutional (statutory) courts, system, relations,
judicial system.


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