Constitutional Court in the Twists of Russian History


Sheynis V.L.,

Dr. Sci. (Econ.), Prof., Principal Researcher, Primakov Institute of World Economy and International Relations, Russian Academy of Sciences, sheynis31@gmail.com


DOI: 10.17976/jpps/2016.03.07
Rubric: Russia Today

For citation:

Sheynis V.L. Constitutional Court in the Twists of Russian History. – Polis. Political Studies. 2016. No 3. P. 73-91 (In Russ.) . DOI: https://doi.org/10.17976/jpps/2016.03.07



Abstract

The Constitutional Court of the Russian Federation (CC), planned as the flagship of thejudicial system, emerged in the years of perestroika – for the first time in Russian history. The articledisplays the process of the advanced concept of judicial reform and model of CC passing through thesieve of law-making process and political obstacles. The prototype of CC, the USSR ConstitutionalSupervision Committee, possessed neither the authority of power, nor the power of authority, proved tobe helpless in the collapsing Soviet Union and quit the stage along with the parliament. Analysis of thesuccessive constitutional projects of 1990‑1993 and comparison of the two laws on the CC (one of themadopted before, the other after the adoption of the 1993 Constitution), shows how the legislator graduallyretreated under the pressure of the forces who sought to limit the role and functions of the CC in thepolitical and legal system of the state. After that, incorporation of the CC into the presidential “vertical”took place on the basis of the president’s decrees and amendments to the law on CC made in 1995‑2015.The Constitutional Court has to constantly make a choice between law and politics. Originally it triedto develop an intermediate position (the CPSU case in 1992), then actively interfered in the politicalprocess, supporting one of the parties to the conflict (the events of October 1993). The activity of the CCwas suspended by the president and resumed under a new law in 1995. After that, when addressing disputematters, the CC took, as a rule, the president’s side (the presidential decrees on Chechnya, 1993‑1994,the abolition of popular elections of governors in 2005, the right to ignore the decisions of the EuropeanCourt of Human Rights, 2015). Existence of the body of constitutional justice is important for the futureof the country; however, its role in cases which involve human rights and freedoms of political mattersremains modest or negative. It is essential that the Constitutional Court is given back its place in the state system that would meet the letter and spirit of the Constitution. 

Keywords
law; constitutional justice; constitutional court legislation; verification of constitutionality of presidential decrees; dispute matters in the constitutional court.


Content No 3, 2016

See also:


Sheynis V.L.,
Ethnonational Problems and the Constitutional Reform in the Russian Federation. – Polis. Political Studies. 1993. No3

Scinder S.,
American Election Law-Slates'Rights and Responsibilities. – Polis. Political Studies. 1993. No2

Strashun B.A., Sheynis V.L.,
Political Situation in Russia and the New Election Law to Come. – Polis. Political Studies. 1993. No3

Pastukhov V.B.,
The demon of law. Russian law as escaping reality. – Polis. Political Studies. 2011. No2

Tzymbursky V.L.,
How International Conflict Systems Live and Die (The Fate of the Baltic and Black Sea System in the 16th to the 20th Centuries). – Polis. Political Studies. 1998. No4

 
 

Archive

   2019      2018      2017      2016   
   2015      2014      2013      2012      2011   
   2010      2009      2008      2007      2006   
   2005      2004      2003      2002      2001   
   2000      1999      1998      1997      1996   
   1995      1994      1993      1992      1991