The Constitutional Court forms the basis of the state’s legal system and acts as a control body, which is guided by the fundamental principles of its functioning, such as independence, collegial activity, informativeness, the construction of a judicial process with equal rights of the parties and the possibility of their adversarial process.
When was the Constitutional Court of the Russian Federation created?
Until 1989, the role of such an organization was played by the Congress of People's Deputies and the Constitutional People’s Committee. 1991 was marked by the formation of the Constitutional Court, which since then, undergoing various changes, exercised control over the implementation of legislation in the country.
Who has the right to become a judge of the Constitutional Court of the Russian Federation?
They can become a citizen of Russia, over forty age qualification having a spotless reputation, having a higher special education and experience in professional activity for at least fifteen years. Also, the candidate must be recognized as a qualified holder of knowledge in the field of law.
The composition of the Constitutional Court of
It is an operating apparatus, which consists of its secretariat and departments that ensure its functioning.
The secretariat is the following structure.
1. Branch management. These include:
- management providing information and industry support;
- organization of court hearings;
- publishing management;
- international practice of constitutional review;
- legislative information department.
2. Office work.
3. Reception.
The court apparatus includes a bailiff with providing service. Its functions include participating in meetings and assisting the presidency in maintaining order, demanding discipline, and taking appropriate measures to eliminate violations. Failure to comply with his requirements may entail the imposition of sanctions on the violator.
Other units provide replenishment of personnel, material and technical equipment and social welfare. These include the court’s press service, human resources department, financial management, and case management.
The number of members of the Constitutional Court of the Russian Federation is 19 people.
Structure:
- The chairman - Valery Zorkin - is appointed by the Federation Council of the Russian Federation on the proposal of the country's head for six years.
- First Deputy - Olga Khokhryakova.
- Second Deputy - Sergey Mavrin.
- Judges of the Constitutional Court.
How are the elections and the appointment of candidates for the position of Constitutional Judge?
The process of selecting candidates for the Constitutional Court of the Russian Federation begins with the preparation of specific staffing proposals for the president of the country. A fairly extensive list of persons authorized to submit such proposals is entitled to submit such candidates for consideration, including representatives of the upper and lower houses of the Federal Assembly, in the subjects these may be legislative, judicial bodies of the highest level, departments and community of lawyers of the country, scientific legal institutions.
Applicants are proposed by the head of the country to the Federation Council, a decision is made within fourteen days. The court rules establish the procedure for preliminary discussion of candidates and adoption of decisions on them. The result is summarized at the plenary meeting of the Federation Council after a secret ballot for each individually.The candidate who receives the largest number of votes of deputies shall be considered approved for the post. Such a person swears allegiance to the country and the president and is considered to be a judge appointed to the Constitutional Court of the Russian Federation. Its status is established by federal law. The powers of a judge are not limited to any period, but the age limit is set. He is seventy years old.
Status of judges and their limitations
The constitutional judge is independent, which is enshrined in law. Its status is characterized by irremovability, inviolability and guarantee of rights. He cannot occupy any other state and public positions, carry out entrepreneurial and commercial activities, with the exception of teaching, science, and other creativity. He also excludes his affiliation with political parties and movements, material support, participation in political actions and election campaigns, and he cannot speak out publicly on issues that are the subject of a court hearing.
In what cases can the powers of a judge of the Constitutional Court of the Russian Federation be terminated?
The performance of the duties of a judge shall be suspended in the event of a court decision for the deprivation of his liberty, when a criminal case has been instituted against him, as well as due to his ill health and the inability to fulfill his duties in this regard. The powers of a judge can be terminated in case of violation of the procedure that is carried out upon appointment, when the age limit is seventy years, an independent statement of resignation, if the citizenship of the country is lost, if there is a charge of a criminal offense and a conviction against him, act , which entail damage to the dignity and honor of the person, in the exercise of classes that are unacceptable with the position held, absence from meetings. A judge shall be deprived of his rights if he does not vote more than twice in a row without good reason, becomes incapable, is declared dead or missing. Upon the occurrence of one of the above conditions, the President shall be sent a submission adopted by the Constitutional Court, which serves as a notification of the vacancy.
Powers of the Chairman of the Constitutional Court of the Russian Federation
Current control over the activities of the court is carried out by the chairman (this is the head of the Constitutional Court), his deputy and the secretary-judge. He is elected in plenary and fulfills the respective duties for three years. The chairman of the court supervises the preparation and collection of meetings and leads them, voices the issues that are necessary for consideration, on which solutions are necessary, is a representative person in the implementation of mutual exchange of information and other issues with state authorities and organizations, public associations, sets out the court’s position on various issues on his behalf, monitors the performance of duties by the composition of the court. In the event of a situation when it is impossible to perform these functions, their execution falls on his deputy.
At the moment, the chairman of the Constitutional Court of Russia is Valery Zorkin.
He has been in this post since 1991 with a ten-year break from 1993 to 2003. In 2012, re-elected to this post for the fifth time. One of his deputies is Sergey Mavrin, Honored Lawyer and Scientist of the Russian Federation, the second is Olga Khokhryakova.
Secretary Responsibilities
They are as follows:
- management of the composition of the court;
- organization of meetings;
- informing interested organizations and persons about decisions made and their implementation;
- providing court staff with necessary information.
The proceedings of the Constitutional Court of the Russian Federation
Court review of cases is conducted through plenary meetings or chamber meetings. In the first case, the entire composition of the Constitutional Court of the Russian Federation is present under the leadership of the chairman. The distribution of judges in the chambers is carried out through a draw, carried out every three years. The draw is regulated by internal documents. Absence from meetings is only possible for a very good reason.
Participants in the same chamber may not be both the chairman and his deputy. The sequence of performance of the duties of the presiding officer is determined by his election in a meeting from the officials of the chamber.
Decisions at plenary hearings on cases are made based on the results of the voting of those present, the number of which shall be more than two-thirds of the votes of the judicial composition of the court, not taking into account those whose powers are suspended in cases established by law.
If a situation arises when there are doubts about the judge’s interest in the outcome of the case on family, family and other relations with the participants in the case, the question of his removal from participation in the meeting by the majority of its participants may be considered.
What is the competence of the court?
Given that this is a body of constitutional review, power is exercised by it through independent and independent legal proceedings, and its employees exercise it by performing the powers presented.
Cases relating to the exclusive powers of the meetings of the plenary meetings:
- election of the leadership of the court;
- making legislative proposals;
- court messages;
- preparation of clarifications on the application of the main law of the country;
- recommendations on the preparation of laws and regulations of the subjects of the federation, international treaties of Russia;
- delineation of competence of state authorities at various levels;
- verification of abuses regarding constitutional rights and freedoms of citizens;
- verification of legal acts for compliance with the Constitution of the Russian Federation;
- preparation of a conclusion on compliance with the established procedure for accusing the President of the Russian Federation of high treason or the commission of another serious crime;
- suspension or termination of judges;
- early dismissal from office;
- distribution of the composition in the chambers;
- approval of regulations and additions;
- determination of the schedule of pending cases.
Other issues not affecting the powers of plenary meetings shall be submitted to the meetings of the chambers.