Legal Representation in the Constitutional Court
Legal services (legal assistance) for representation in the Constitutional Court of the Russian Federation
The procedure for the formation and functioning of the Constitutional Court of the Russian Federation is determined by the Constitution of Russia by the Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation”.
The Constitutional Court considers disputes on the compliance of legal acts with the Constitution of the Russian Federation. In particular, a check is made to see if a particular legal act violates the rights and freedoms of citizens enshrined in the Russian Constitution. Often, the need of citizens to apply to the Constitutional Court arises directly in the application of a particular legal act affecting the constitutional rights of the applicant.
Court cases considered by the Constitutional Court
Verification of compliance with the Constitution of the Russian Federation of federal laws, laws of subjects of the Russian Federation, agreements between authorities of various levels that have not entered into force international treaties of the Russian Federation.
- Disputes about competence between federal government bodies; public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation; between the highest state bodies of the constituent entities of the Russian Federation.
- Disputes over complaints of violation of the constitutional rights and freedoms of citizens, including the verification of the constitutionality of the law applied in a particular case.
- Disputes on the verification of the constitutionality of laws at the request of the courts and federal executive authorities.
- Disputes on the verification of the constitutionality of issues submitted to a referendum of the Russian Federation.
- Legal analysis of previously issued judicial acts for the sufficiency of grounds for applying to the Constitutional Court of the Russian Federation
- Elaboration of the strategy and tactics of applying to the Constitutional Court of the Russian Federation
The procedure for consideration of cases and disputes in the Constitutional Court
The reason for the consideration of the case is an appeal to the Constitutional Court in the form of a request, petition or complaint.
The basis for the consideration of the case is the revealed uncertainty in the question of whether the Constitution of the Russian Federation is consistent with a law, other normative act, an agreement between state authorities that has not entered into force an international treaty, or the revealed uncertainty in the question of the possibility of enforcing the decision of an interstate body for the protection of rights and freedoms of a person, based on the provisions of the relevant international treaty of the Russian Federation in an interpretation that allegedly leads to their discrepancy with the Constitution of the Russian Federation, or a contradiction in the positions of the parties on the ownership of powers in disputes about competence, or an ambiguity in understanding the provisions of the Constitution of the Russian Federation, or nomination by the State Duma of accusing the President of the Russian Federation of treason or committing another grave crime.
All applications received by the Constitutional Court of the Russian Federation are subject to preliminary consideration. One of the common grounds for refusing to accept an appeal is the establishment by the court that the resolution of the issue raised in the appeal is not within the jurisdiction of the Constitutional Court of the Russian Federation.
In this regard, of particular importance is the professional drafting of an appeal with a mandatory indication of which particular norms of the Russian Constitution are violated by one or another legal act.
It is important to note that not every specialist with a legal education can be a representative in the Constitutional Court. Such representatives may be lawyers or persons with a degree in law, whose authority is confirmed by relevant documents.
It is important to note that the Constitutional Court of the Russian Federation decides exclusively on issues of law, and in the course of constitutional proceedings it refrains from establishing and investigating factual circumstances in all cases when this falls within the competence of other courts or other bodies.
