The judicial body of the Russian Federation, exercising its power through constitutional proceedings, is the country's constitutional court. The scope and methods of its functioning, as well as the structure, composition and powers of judges are regulated by the highest normative act of the Russian Federation - the Constitution. Often this judicial authority even influenced changes in legislation. What structure this judicial body has, as well as how the President of the Constitutional Court is appointed and removed from office, what powers he has will be described in this article.
Normative legal acts regulating the activities of the Constitutional Judicial Authority
The composition and structure of the Constitutional Court of the Russian Federation, the choice of persons, their powers, procedures and other issues are regulated by the Federal Law "On the Constitutional Court", the current Rules and the Constitution of the country.
Who is part of this judicial body?
Under court composition lists of those who are officials in it and perform their specific functions are meant. There are 19 judges in the constitutional court. They can carry out their activities only if there is 75% of the total composition (i.e. at least 13 judges). Each judge is personally elected by the president of our country. The Federation Council, one of the chambers of the parliament, already confirms the candidate for the post.
The officials included in its body:
- President of the court.
- Deputy Chairman of the Constitutional Court of the Russian Federation.
- Secretary judge.
- A number of CC judges dealing specifically with litigation.
- Employees of the apparatus and other units.
Constitutional Court Structure
The court is divided into two similar chambers, consisting of 9 judges in one and 10 in the other. Their composition is determined by drawing lots. The process of this procedure is governed by current regulations. The composition of the chambers is changed every three years. It is important to note that the chairman and his deputy must be in different structural parts. Each chamber has equal powers.
Also, according to the regulations, the constitutional court may include press services, scientific advisory councils and working commissions.
The main powers of the Constitutional Court of the Russian Federation
This court is subject to:
- To analyze cases related to the compliance of the legislation with the basic law of the country - the Constitution of the Russian Federation.
- Consider essentially disputes about competence between different authorities.
- To analyze the complaints of citizens about the violation of their basic constitutional rights.
- Publish interpretations of the constitution so that everyone can understand what is written in the legal language.
- To carry out a number of other powers enshrined in the current legislation.
Who can be the Chairman of the Constitutional Court of the Russian Federation?
Judges are one of the main cells of the court. The Chairman of the Constitutional Court of the Russian Federation is appointed from the list of already existing officials. Candidates must meet several criteria:
- Be a citizen of Russia.
- The age for taking up the post is not less than 40 years.
- An impeccable reputation, i.e., the absence of a criminal record or drives to court, no conflicts in previous positions, etc.
- Work experience in the legal field for at least 15 years.
- Have a high level of qualification in law.
Not only the president, but also representatives of the State Duma, legislative bodies of the subjects and the highest judicial bodies can propose a candidate for judge of the Constitutional Court of the Russian Federation.
The Council of the Federation of the Russian Federation is obliged to make a decision on the appointment or not to accept the nominee no later than 14 days, as soon as it receives a submission from eligible persons.
Judges, unlike the chairman of the Constitutional Court, are irremovable. They are inviolable and cannot be subjected to any responsibility without the consent of the members of the Constitutional Court of the Russian Federation.
Reasons for the early termination of the constitutional judge
Terminate the powers of a judge only for the following reasons:
- Violation of the established procedure for appointment.
- Reaching the age limit for the position held (70 years).
- Written statement.
- Loss of citizenship in case of violation of the law.
- The charge in court, which nevertheless entered into force.
- Death.
- Declared dead or missing or incompetent.
- Disregard for the performance of their obligations.
In what cases can a constitutional judge be suspended?
The right of a judge to carry out his activities may be suspended in the event of:
- If the council agrees to the removal of the immunity and conduct of the proceedings. In this case, the professional activity of the judge is suspended for the duration of the criminal prosecution.
- If the judge has health problems and needs long-term treatment.
Who can appoint a chairman?
As mentioned above, the chairman of the constitutional court is appointed from the list of existing judges. The candidate is proposed by the president of the country, the right to approve it belongs to the Federation Council. On the same principle, vice-chairmen are elected. In accordance with Russian law, two deputy positions are provided. This appointment procedure has been in force since 2009. Prior to the entry into force of the amendments, the chairman of the constitutional court, deputy and secretary-secretary were elected by secret ballot.
Who holds the post of chairman and his deputies today?
Today, the Chairman of the Constitutional Court of the Russian Federation is Valery Zorkin. According to the new method of election, he took office for the fifth time. This is an honored lawyer of our country, awarded with orders "For Merit to the Fatherland" several degrees.
His deputies are Olga Khokhryakova and Sergey Petrovich Mavrin. They have been in office since 2011 and 2015, respectively. Both are honored lawyers and scientists of our country.
Term of office
After the amendments to the NPA "On the Constitutional Court of the Russian Federation" in 2009, the President of the Constitutional Court of the Russian Federation is appointed by the House of Parliament for six years. For the same period they take office and his deputies. After six years executive Performs his professional duties until the appointment of a new person. It is worth noting that after the expiration of the term of office, they can be re-elected to their post.
Powers of the President of the Constitutional Court of the Russian Federation
In addition to participating in the consideration of cases, he is endowed with a number of powers:
- convene, participate and lead the preparation of plenary meetings of the Constitutional Court of the Russian Federation;
- to submit questions for consideration at plenary meetings of the Constitutional Court of the Russian Federation;
- represent the Constitutional Court of the Russian Federation during official meetings with various public bodies and organizations;
- to manage the apparatus of the Constitutional Court of the Russian Federation, to propose candidates for various posts of this structural unit.
The most important distinctive duty vested in the President of the Constitutional Court of the Russian Federation is to issue orders and orders. These are binding normative acts to which all officials of this court are subordinate.
When can the chairman or his deputies be dismissed ahead of schedule?
Reasons why the President of the Constitutional Court of the Russian Federation or his deputies may be deprived of the right to occupy their post:
- According to a personal written statement, which is ascertained by the decision of the court itself.
- If they do not properly perform their duties or even evade their performance. The decision is made on the council of judges through secret ballot, consisting of at least 2/3 of the total composition.
- For the same reasons when a constitutional judge is removed from office.
Review of the case and participation of the chairman in this process
First, all received cases are considered at meetings of one of the chambers. They are convened by the President of the Constitutional Court of the Russian Federation. Three quarters of all judges should be involved in this process. They can consider any case received by them. Although there are a number of exceptions made to the regulations of the constitutional court:
- The case of the main legislation of other regions.
- Cases on the interpretation of the basic law of the country, i.e., the Constitution.
- Cases of impeachment (i.e., removal from office) of the president.
- Cases of legislative initiative.
But before the appeal is submitted to the chamber, the President of the Constitutional Court of the Russian Federation instructs one or more judges to study it. Only after a preliminary study does the appeal enter the production of one of the chambers.
The meetings do not touch upon those issues that arise at the plenary sessions, be it the division into chambers, the appointment of the chairman, etc. The sessions are intended only to consider the merits of a particular legal case.
Verdicts handed down at these meetings are decisions of the Constitutional Court of the Russian Federation. The chamber has the right to issue explanations in case of any questions.
In case of disagreement between the judges in the adoption of the decision, a plenary meeting is convened and the case is reviewed on the merits again. Most often, such situations occur when a decision on a new case contradicts previously adopted in other processes. In this case, a plenary meeting is convened, where this issue is reviewed in more detail.
An important difference between a plenary session and ordinary proceedings is that in the first all judges of the Constitutional Court of the Russian Federation participate, and in ordinary - judges of only one of the chambers.
During the proceedings, the minutes of the meeting are kept, it is mandatory signed by the President of the Constitutional Court of the Russian Federation or, by his order, one of the deputies.
The final stage of the consideration of the case is the adoption of a decision, which is adopted in the process of open voting of the judges considering the case.
Conclusion
Despite the fact that in the Russian Federation there are not many elements of a modern democratic society, the constitutional court works stably. By making its decisions, this judicial body is improving the country's legal system.
The Constitutional Court of our country ensures political stability in government bodies and limits them in case of abuse of power. It is not only a judicial, but also a constitutional body that influences the legislative and executive bodies of the current government. Thus, they can really outweigh the scales in favor of citizens, and not the state machine of control.
The Constitutional Court of the Russian Federation is the stronghold of existing democracy in our country. And the President of the Constitutional Court of Russia exercises the main powers as the head. It is thanks to this person that all other elements of a complex court system can function correctly.
