• Alsu Khurmatullina
  • Anas Gataullin



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.


Samatov F.S. Legal Nature of Acts of the Constitutional Court: Abstract of a Thesis of the Candidate of Legal Sciences:

00.02 / Farkhad Samatovich Samatov. – Moscow, 1997.

Kalyak A.M. Implementation of Final Findings and Legal Positions of the Constitutional Courts: Some Theory Issues //

State Power and Local Self-Government. – 2005. – No. 9. – P. 21.

Goshulyak V.V. Legal Reasoning in the Development of Legal Positions of the Constitutional and Statutory Courts of the

Constituent Entities of the Russian Federation // Legislation and Economics. – 2004. – No. 11. – P. 14.

Alsu M. Khurmatullina, Aleksandr F. Malyi. The Supranationality Problem In The Formation of Interstate Associations

(The Case of the Eurasian Economic Union) // Journal of Economics and Economic Education Research. 2016. Volume 17,

Special Issue 2. P.304-309.

Kūris, E., et al. Constitutional justice in Lithuania. Vilnius, Constitutional Court of the Republic of Lithuania, 2003,

ISBN 9986-9181-5-4, pp. 222–225.

Kuris, E. H. Constitutional Justice. Issues of Theory and Practice. Erevan, Constitutional Cour of the Republic of

Armeniya, 2004, p. 37.

Kazantseva O.L., Vorobyova M.N. Compliance with the Balance of Constitutional Values in the Decisions of the

Constitutional Court of the Russian Federation and the Constitutional (Statutory) Courts of the Constituent Entities of the Russian

Federation // News of the Altai State University. – No. 2-2(78). – 2013. – P. 113.

Jan Komarek. National constitutional courts in the European constitutional democracy // Oxford University Press and

New York University School of Law. I•CON (2014), Vol. 12 No. 3, 525–544. P. 532.

Veli-Pekka Hautamaki Reasons for Saying: No Thanks! Analyzing Discussion about the Necessity of a Constitutional

Court in Sweden and Finland/Veli-Pekka Hautamaki// Electronic Journal of Comparative Law. 2006. Vol. 10 (1 June).

10. Andrew Harding. The Fundamentals of Constitutional Courts. International IDEA Constitution Brief, February 2017.