ROLE OF THE CONSTITUTIONAL COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION IN THE DEFENSE OF HUMAN RIGHTS.
(фото из открытых источников)
Consideration of the human and human rights as highest values is the keystone of the legal states. Another essential aspect is the real defence of these values. Defence of the human rights is the fundamental objective that is also a part of the judicial power. This function of the courts is shown in several aspects, such as prevention of the violation of the human rights; refilling of the human rights; making decisions on the questions of the responsibility for the violation of the human rights; returns for the moral and physical damage done; cancelling some of the governmental acts, if they violate the Constitution of the Russian Federation or legislation, [3].
Due to this, we should consider the question of the connection between the defence of the human rights and functions of constitutional courts in the subjects of the Russian Federation.
(фото из открытых источников)
The development of free civil society and democratic government has formed the new ways and means of the defence of the human rights, especially the judicial means and mechanisms.
Creation of the regional constitutional courts must comply with the articles of the Constitution of the Russian Federation. Articles establish that the judicial power is realised through the civil, constitutional and administrative jurisdictions, [1].
(фото из открытых источников)
In any federative state, the institution of constitutional justice, except the general functions of constitutional control, conducts some of the special functions. Such special functions are connected with different conflicts and argue that may occur. These conflicts are usually derived from the violation of the duties that are given to federal and regional governments.
That’s why the constitutional court of the subject of the Russian Federation is an independent body of the governmental power, because constitutional court is created in compliance with Constitution, takes money from the governmental budget and its decisions are obedient to all other governmental bodies, social communities, officials, judicial and physical identities. The decisions of the constitutional courts must be followed throughout the territory of the Russian Federation, [10].
In the Russian Federation, process of formation of the regional constitutional courts started in the right end of the 80’s. By the time of the assignation of the constitutional law “About judicial system in the Russian federation”, there was already 8 constitutional courts across the country. Although from the late 90’s to 2004, similar courts were formed only in 7 subjects of the country.
(фото из открытых источников)
The first constitutional court was formed in Dagestan Republic in 1991. Nowadays, independent constitutional courts are established in 15 subject of the Russian Federation. 39 subjects are willing to create such courts on their territory. Some of these regions (Ingushetia, Karachaevo-Cherkessia, Kurgan region, Tumen region, Samara region, Moscow region and Moscow itself, Krasnoyarkiy region and HMAO) have already applied laws that consider the creation of constitutional courts, [9].
(фото из открытых источников)
The question about the objectives and targets of constitutional courts is very difficult. There is a lot of different points of view considering this question. For example, G.A. Gadzhiev believes that the main target of constitutional justice is the defense of the human rights. From his point of view, the targets of constitutional justice have already been considered in the Constitution of the Russian Federation that sets human and human rights as the highest values and defense of these values is the responsibility of the state and government, [2].
(Гаджиев Г.А. - фото из открытых источников)
The question about the objectives and targets of constitutional courts is very difficult. There is a lot of different points of view considering this question. For example, G.A. Gadzhiev believes that the main target of constitutional justice is the defense of the human rights. From his point of view, the targets of constitutional justice have already been considered in the Constitution of the Russian Federation that sets human and human rights as the highest values and defense of these values is the responsibility of the state and government, [2].
This point of view is pretty interesting and very solid. But author gives no practical advices considering the objectives of the regional constitutional courts.
Other point view is hold by S.L. Degtyaryov. Degtyaryov believes that constitutional courts have two general functions. Firstly, defense of the constitutional structure of the country and human rights. Secondly, they must ensure the highest role and direct functioning of the Constitution. Other general objectives are the implementation of justice and ensuring that current human rights are followed, [8].
(Витрук Н.В. - фото из открытых источников)
Another point of view is presented by N.V. Vitruk. Vitruk thinks that the objectives can be changed throughout the process of development of the system of constitutional courts, [6].
The highest role of Constitution in the system of legal acts of the Russian Federation and its direct action are the main principles of organization and functioning of any legal state. That’s why any government should create a systematized mechanism of security of the Constitution. Security of the Constitution is implemented trough the different acts and laws in Constitution itself and in the national legislation. This laws and acts create a system of different methods that are connected with preventing any interference and establish the security and safety of the principles of the Constitution. These methods are also establishing the punishments for violation of the norms of Constitution.
We should agree with the point of view of some scientists which believe that the main objective of constitutional justice is the ensuring of security and direct action of the Constitution across the country. This also means the defense of the constitutional regime throughout the country, [6].
Objectives of the actions of any governing body are represented in clear targets and implement through the practical actions.
The main objectives of the constitutional courts are the ensuring and defense of the bases of the constitutional regime, fundamental constitutional values and ideals like independence of the subjects and democracy, human rights. These values are referred in the right beginning and in the two first chapters of the Constitution of the Russian Federation, [7].
(фото из открытых источников)
Constitutional regime can’t be established, unless the main problem is solved. The main problems of the bodies of the constitutional justice are the defense and security of human rights. Actions taken to solve this problem define the functions of constitutional justice.
Nowadays national science can’t clearly define which functions the constitutional courts should implement. Some scientists connect these functions with the authorities of the regional constitutional courts, [4].
This point of view is not fully correct, because during the process of defending the human rights constitutional courts use most of their authorities. Main functions of the constitutional courts can be separated in two groups: legal and social.
In Russian legal system the contents of the legal functions are defined not only by the solving of the conflicts between the subjects of legal relationships. They are also defined trough the elimination of different judicial conflicts and the lack of similarity between different legal acts of the legislature system. The other aspect is the elimination of any violation of the definition and implementation of legal norms during the examination of conflicts, because such violations led to the collapse of federal judicial system and significantly lower its efficiency.
Elimination of such problems through the mechanism of constitutional courts and their legal functions can significantly increase level of the legal regulation.
This will affect the rights creating processes and usage of the laws. Constitutional courts should also participate in rights creating processes trough the implementation of their direct responsibilities of constitutional control and realization of their right to legislative initiative.
We should note that the social functions of constitutional courts are the main ways of interaction with different aspects of the life of the society and government. Constitutional justice is becoming a strong mechanism of dynamic and stable development of the society in the countries of “New democracy”.
We should also note the significant rise of the role of constitutional principles in the legal system of the Russian Federation. The essential requirements of the development of the society are establishing of legal culture and legal environment that should be based on human rights. Political course on the implementing the general principles of the constitution to all areas that are connect with laws, for example the private law, the public law, law-making processes. The main objective to ensure the defense of the human rights is still the same, [7].
(Конституционный Суд Якутии - фото из открытых источников)
The competence of regional constitutional courts in the area of defense of the human rights is defined by different factors. The most significant of them are the principle of the separation of authority, specifications of the legal system, separation of competences between the judicial bodies, legal traditions and culture and other factors. The defense of the human rights is the guarantee of equal relationships between identity and government, real existence of the mutual responsibilities between identity and the government. It is also ensures that the government will fulfill its responsibilities of the defense of human rights and the rights to judicial defense.
If we compare the bodies of the constitutional control across the world, we will see that they have about 30 different authorities and responsibilities, [5].
We should note that authorities of the constitutional courts can be different. Such differences depend on the character and implementation of these authorities. General authorities of constitutional courts are the explaining of the articles of the constitution and different laws of the subjects of the Russian Federation; checking the compliance of the laws different acts governing bodies and different agreements between them to constitution; checking the compliance of the Constitutions of the subjects of the Russian Federation that aren’t applied yet and international agreements; elimination of the conflicts between the governing bodies; defense of the human rights and judicial support of the people.
(Конституционный Суд Чеченской республики - фото из открытых источников)
Additional authorities of the regional constitutional courts should comply with the competence of the region. That means that they should be restricted by the area of the subject of the Russian Federation and shouldn’t violate the nature of the constitutional courts and constitutional control.
To summarize we should note that the main objective of the regional constitutional courts is the defense of the human rights and constitutional regime. The establishing of such courts should be considered as the significant objective of the legal mechanism of the defense of the human rights. Such conditions will significantly lower the amount of confrontations between federal and regional legislation and violations of the human rights. Through establishing such bodies of judicial power regions gain opportunities to solve different problems that might occur between the levels of governmental power and the bodies of domestic power. Moreover the principle of the equality of the right for the constitutional defense will be fulfilled all over the country.
Bibliography
1. ч.2 ст.118 Конституции Российской Федерации. Принята всенародным голосованием 12 декабря 1993 г. (с учетом поправок, внесенных Законами РФ о поправках к Конституции РФ от 30.12.2008 № 6-ФКЗ, от 30.12.2008 № 7-ФКЗ, от 05.02.2014 № 2-ФКЗ, от 21.07.2014 № 11-ФКЗ) // Российская газета. 1993. 25 декабря.
2. Гаджиев Г.А. Цели, задачи и предназначение Конституционного Суда РФ // Журнал конституционного правосудия. - 2008. - № 1. - С. 10.
3. Гасанов К.К. Конституционный механизм защиты основных прав человека. М.: Юнити, - 2004. - С. 154.
4. Гусев А. В. К вопросу о роли основных функций органов конституционного правосудия в построении правового государства // Российский судья. - 2006. № 7. - С. 19-21.
5. Белов С.А., Кудряшова О.А. Заимствование моделей конституционного контроля в правовой системе России // Журнал конституционного правосудия. - 2012. - № 6. - С. 25-38
6. Витрук Н.В. Конституционное правосудие. Судебно-конституционное право и процесс: учеб. пособие. М.: Норма, - 2005. - С. 231.
7. Витрук H.B. Цель, задачи, функции и полномочия конституционного правосудия в государствах новой демократии // Правовые проблемы укрепления российской государственности. Томск, - 2003. - С. 57-58.
8. Дегтярев С.Л. Цели и задачи судебной власти на современном этапе // Правоведение. - 2005. - № 6. - С. 99-108.
9. Кузнецов И.А., Крылова Е.В. Конституционные (Уставные) суды субъектов Российской Федерации./ Актуальные тенденции и инновации в развитии российской науки. Сборник научных статей. Научный редактор Ю.С. Шацких. Москва, 2019. С. 132-135.
10. Хафизов Д.Х., Кузнецов И.А. Конституционные (Уставные) суды субъектов Российской Федерации: роль в укреплении законности и проблемы формирования// Контентус. 2019. № 5 (82). С. 140-148.