Constitutional Court of the Russian Federation
Encyclopedia
The Constitutional Court of the Russian Federation is a high court which is empowered to rule on whether or not certain laws or presidential decrees are in fact contrary to the Constitution of Russia
. Its objective is only to protect the Constitution (in Russian constitutional law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest appellate court is the Supreme Court of the Russian Federation
.
Before the 1980s in the USSR the importance of judicial supervision over compatibility of legislation and executive actions with the provisions and principles of the constitution was not recognized. It was not until December 25, 1989 when Constitutional Control in the USSR Act was passed, that such "judicial review" was initiated. Accordingly, the Constitutional Supervision Committee was created. It started functioning mid-1990 and was dissolved towards the end of 1991. In December 1990 the Constitution of the Russian Soviet Federated Socialist Republic
(RSFSR) was amended with provisions which provided for creation of Constitutional Court (whereas a similar USSR body was called a Committee, not a Court). On July 12, 1991 Constitutional Court of the RSFSR Act was adopted. In October the Fifth Congress of People's Deputies of the Russian SFSR has elected 13 members of the Court and the Constitutional Court de facto started functioning. From November 1991 till October 1993 it rendered some decisions of great significance. For example, it declared unconstitutional certain decrees of Presidium of the Supreme Soviet
, which were adopted ultra vires
, and forbade the practice of extrajudicial eviction.
On October 7, 1993 Boris Yeltsin
's decree suspended work of the Constitutional Court. According to the decree, the Constitutional Court was "in deep crisis". On December 24 another presidential decree repealed the Constitutional Court of the RSFSR Act itself.
In July 1994 the new Constitutional Court Act was adopted. However, the new Constitutional Court started working only in February 1995, because the Federation Council of Russia
refused several times to appoint judges nominated by Yeltsin.
In 2005 the federal authorities proposed to transfer the court from Moscow to Saint Petersburg. The transfer, involving controversial allocation of land on Krestovsky Island
for cottages of the judges and relocation of the Russian State Historical Archive from the former Senate and Synod Building, now occupied by the court headquarters, had been completed by 2008.
President Dmitry Medvedev
on May 8, 2009, proposed to the legislature and on June 2 signed into law an amendment whereby the chairperson of the court and his deputies would be proposed to the parliament by the president rather than elected by the judges, as was the case before.
Constitutional Court Judge Vladimir Yaroslavtsev in an interview to the Spanish newspaper El País published on August 31, 2009, claimed that the presidential executive office
and security services had undermined judicial independence
in Russia. In October the Constitutional Court in an unprecedented motion accused Yaroslavtsev of "undermining the authority of the judiciary" in violation of the judicial code and forced him to resign from the Council of Judges. Judge Anatoly Kononov, who had frequently dissented from decisions taken by the majority of the court, in his interview to Sobesednik supported Yaroslavtsev, claiming that there was no independent judiciary in Russia and criticized the new amendments concerning appointment of the court chairman as undemocratic. The Constitutional Court forced Kononov to step down from the Constitutional Court on January 1, 2010, 7 years ahead of schedule.
) and another one being Deputy Chairman. Judges are appointed by the Federation Council of Russia
. In order to become a judge of the Constitutional Court a person must be citizen of Russia
, attain the age of 40, have legal education, have length of service as a lawyer at least 15 years and have "recognized high qualification" (quotation from Constitutional Court Act) in law.
The Constitutional Court consists of two chambers consisting of 10 and 9 judges respectively. The Chairman presides over one of the chambers, the Deputy Chairman presides over the other chamber. Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment
of the president of Russia and Constitutional Court's proposals of legislations must be dealt with on plenary session. Besides, Constitutional Court may by its discretion submit to plenary sessions any other issue.
. The Constitutional Court declares laws, presidential and governmental decrees and laws of federal subjects unconstitutional if it finds that they are contrary to the Constitution (i.e. they violate certain rights and freedoms of citizens enumerated in and protected by the Constitution). In such instances, that particular law becomes unenforceable, and governmental agencies are barred from implementing it. Also, before an international treaty is ratified by the State Duma
, the constitutionality
of the treaty may be observed by the Constitutional Court. The Constitutional Court is not entitled to judge constitutionality of laws on its own initiative; the law may be submitted to the Constitutional Court by the President of Russia, the government of Russia
, the State Duma
, the Federation Council of Russia
, one-fifth of members of the State Duma or the Federation Council, the Supreme Court of the Russian Federation
, the Supreme Arbitration Court of the Russian Federation, or a legislative body of a Federal subject
. Any federal court may request the Constitutional Court to judge on the constitutionality of a law if the law is to be implemented in a case, and a judge of the federal court is in doubt about whether the law is contrary to the Constitution or not. Also, any private citizen may submit in the Constitutional Court a claim challenging constitutionality of a particular law if that law was implemented in a particular case and thus violated rights of that citizen.
Another power of the Constitutional Court is to resolve disputes concerning competence of governmental agencies. Whenever the President of Russia is impeached
, the Constitutional Court renders a resolution concerning complying with the due order of indictment.
Constitution of Russia
The current Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication...
. Its objective is only to protect the Constitution (in Russian constitutional law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest appellate court is the Supreme Court of the Russian Federation
Supreme Court of the Russian Federation
The Supreme Court of the Russian Federation is the court of last resort in Russian administrative law, civil law and criminal law cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union....
.
History
Constitution of the RSFSR
Constitution of the RSFSR* 1918 Soviet Constitution* 1925 RSFSR Constitution* 1937 RSFSR Constitution* 1978 RSFSR Constitution...
(RSFSR) was amended with provisions which provided for creation of Constitutional Court (whereas a similar USSR body was called a Committee, not a Court). On July 12, 1991 Constitutional Court of the RSFSR Act was adopted. In October the Fifth Congress of People's Deputies of the Russian SFSR has elected 13 members of the Court and the Constitutional Court de facto started functioning. From November 1991 till October 1993 it rendered some decisions of great significance. For example, it declared unconstitutional certain decrees of Presidium of the Supreme Soviet
Presidium of the Supreme Soviet
The Presidium of the Supreme Soviet was a Soviet governmental institution – a permanent body of the Supreme Soviets . This body was of the all-Union level , as well as in all Soviet republics and autonomous republics...
, which were adopted ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
, and forbade the practice of extrajudicial eviction.
On October 7, 1993 Boris Yeltsin
Boris Yeltsin
Boris Nikolayevich Yeltsin was the first President of the Russian Federation, serving from 1991 to 1999.Originally a supporter of Mikhail Gorbachev, Yeltsin emerged under the perestroika reforms as one of Gorbachev's most powerful political opponents. On 29 May 1990 he was elected the chairman of...
's decree suspended work of the Constitutional Court. According to the decree, the Constitutional Court was "in deep crisis". On December 24 another presidential decree repealed the Constitutional Court of the RSFSR Act itself.
In July 1994 the new Constitutional Court Act was adopted. However, the new Constitutional Court started working only in February 1995, because the Federation Council of Russia
Federation Council
Federation Council may refer to:* Federation Council of Russia, the upper house of the Federal Assembly of Russia* Federation Council , an organization in the fictional Star Trek universe-See also:...
refused several times to appoint judges nominated by Yeltsin.
In 2005 the federal authorities proposed to transfer the court from Moscow to Saint Petersburg. The transfer, involving controversial allocation of land on Krestovsky Island
Krestovsky Island
Krestovsky Island is a 3.4 km² island in Saint Petersburg, Russia, situated between several tributaries of the Neva: the Srednyaya Nevka, the Malaya Nevka and the Krestovka. The island is served by the Krestovsky Ostrov "Крестовский остров" station of Saint Petersburg Metro...
for cottages of the judges and relocation of the Russian State Historical Archive from the former Senate and Synod Building, now occupied by the court headquarters, had been completed by 2008.
President Dmitry Medvedev
Dmitry Medvedev
Dmitry Anatolyevich Medvedev is the third President of the Russian Federation.Born to a family of academics, Medvedev graduated from the Law Department of Leningrad State University in 1987. He defended his dissertation in 1990 and worked as a docent at his alma mater, now renamed to Saint...
on May 8, 2009, proposed to the legislature and on June 2 signed into law an amendment whereby the chairperson of the court and his deputies would be proposed to the parliament by the president rather than elected by the judges, as was the case before.
Constitutional Court Judge Vladimir Yaroslavtsev in an interview to the Spanish newspaper El País published on August 31, 2009, claimed that the presidential executive office
Presidential Administration of Russia
The Presidential Administration of Russia ) is the executive office of Russia's president created by a decree of Boris Yeltsin on 19 July 1991 as an institution supporting the activity of the president and vice-president The Presidential Administration of Russia (also known as Staff of Russia’s...
and security services had undermined judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
in Russia. In October the Constitutional Court in an unprecedented motion accused Yaroslavtsev of "undermining the authority of the judiciary" in violation of the judicial code and forced him to resign from the Council of Judges. Judge Anatoly Kononov, who had frequently dissented from decisions taken by the majority of the court, in his interview to Sobesednik supported Yaroslavtsev, claiming that there was no independent judiciary in Russia and criticized the new amendments concerning appointment of the court chairman as undemocratic. The Constitutional Court forced Kononov to step down from the Constitutional Court on January 1, 2010, 7 years ahead of schedule.
Composition
The Constitutional Court of the Russian Federation consists of 19 judges, one being the Chairman (currently – Valery ZorkinValery Zorkin
Valery Dmitrievich Zorkin is the first and the current Chairman of the Constitutional Court of the Russian Federation.Zorkin was born on 18 February 1943 in a rural area of the Maritime Province. In 1964, he matriculated from the Law Department of the Moscow University, in which he lectured until...
) and another one being Deputy Chairman. Judges are appointed by the Federation Council of Russia
Federation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
. In order to become a judge of the Constitutional Court a person must be citizen of Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, attain the age of 40, have legal education, have length of service as a lawyer at least 15 years and have "recognized high qualification" (quotation from Constitutional Court Act) in law.
The Constitutional Court consists of two chambers consisting of 10 and 9 judges respectively. The Chairman presides over one of the chambers, the Deputy Chairman presides over the other chamber. Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
of the president of Russia and Constitutional Court's proposals of legislations must be dealt with on plenary session. Besides, Constitutional Court may by its discretion submit to plenary sessions any other issue.
Powers
Certain powers of the Constitutional Court are enumerated in the Constitution of RussiaConstitution of Russia
The current Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication...
. The Constitutional Court declares laws, presidential and governmental decrees and laws of federal subjects unconstitutional if it finds that they are contrary to the Constitution (i.e. they violate certain rights and freedoms of citizens enumerated in and protected by the Constitution). In such instances, that particular law becomes unenforceable, and governmental agencies are barred from implementing it. Also, before an international treaty is ratified by the State Duma
State Duma
The State Duma , common abbreviation: Госду́ма ) in the Russian Federation is the lower house of the Federal Assembly of Russia , the upper house being the Federation Council of Russia. The Duma headquarters is located in central Moscow, a few steps from Manege Square. Its members are referred to...
, the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the treaty may be observed by the Constitutional Court. The Constitutional Court is not entitled to judge constitutionality of laws on its own initiative; the law may be submitted to the Constitutional Court by the President of Russia, the government of Russia
Government of Russia
The Government of the Russian Federation exercises executive power in the Russian Federation. The members of the government are the prime minister , the deputy prime ministers, and the federal ministers...
, the State Duma
State Duma
The State Duma , common abbreviation: Госду́ма ) in the Russian Federation is the lower house of the Federal Assembly of Russia , the upper house being the Federation Council of Russia. The Duma headquarters is located in central Moscow, a few steps from Manege Square. Its members are referred to...
, the Federation Council of Russia
Federation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
, one-fifth of members of the State Duma or the Federation Council, the Supreme Court of the Russian Federation
Supreme Court of the Russian Federation
The Supreme Court of the Russian Federation is the court of last resort in Russian administrative law, civil law and criminal law cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union....
, the Supreme Arbitration Court of the Russian Federation, or a legislative body of a Federal subject
Federal subjects of Russia
Russia is a federation which, since March 1, 2008, consists of 83 federal subjects . In 1993, when the Constitution was adopted, there were 89 federal subjects listed...
. Any federal court may request the Constitutional Court to judge on the constitutionality of a law if the law is to be implemented in a case, and a judge of the federal court is in doubt about whether the law is contrary to the Constitution or not. Also, any private citizen may submit in the Constitutional Court a claim challenging constitutionality of a particular law if that law was implemented in a particular case and thus violated rights of that citizen.
Another power of the Constitutional Court is to resolve disputes concerning competence of governmental agencies. Whenever the President of Russia is impeached
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
, the Constitutional Court renders a resolution concerning complying with the due order of indictment.
Procedure
The Constitutional Court deals with cases either in chambers or in plenary sessions. All judges must be present unless he or she is sick or may have interest in the case and must not abstain from voting on the resolution. Apart from judges, claimant and his representatives governmental agencies involved are present. In order for resolution or decision to pass two-thirds of judges must be in favor of it.Chairpersons
- Valery ZorkinValery ZorkinValery Dmitrievich Zorkin is the first and the current Chairman of the Constitutional Court of the Russian Federation.Zorkin was born on 18 February 1943 in a rural area of the Maritime Province. In 1964, he matriculated from the Law Department of the Moscow University, in which he lectured until...
(1991–1993) - Vladimir Tumanov (1995–1997)
- Marat Baglay (1997–2003)
- Valery Zorkin (since 2003)
Presidential Envoys to the Constitutional Court
- Valery Savitsky (April 24, 1995, – February 5, 1996)
- Mikhail Mityukov (February 5 – December 7, 1996)
- Sergey ShakhraySergey ShakhraySergey Mikhaylovich Shakhray is a Russian politician.December 1991 – March 1992, November 1992 – January 1994, April 1994 - January 1996: Deputy Prime Minister of Russia.- External links :...
(December 7, 1996, – June 29, 1998) - Mikhail Mityukov (June 29, 1998, – November 7, 2005)
- Mikhail KrotovMikhail KrotovMikhail Valentinovich Krotov is a Russian lawyer, businessman and official.On April 28, 1995, he was elected Deputy Chairman of the Board of Directors of the Baltic Sea Steamship Company...
(since November 7, 2005)
See also
- List of constitutional courts
- Legal reform
- Supreme Court of the Russian FederationSupreme Court of the Russian FederationThe Supreme Court of the Russian Federation is the court of last resort in Russian administrative law, civil law and criminal law cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union....
- Judiciary of Russia
- JudiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
External links
- Official Website (Russian)