Constitutional and Legal Formalization of the Principles of Competitivenessand Equality of the Parties in Constitutional Legal Proceedings: The Experience of the CIS Countries

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Abstract

The relevance of the comparative legal study of the constitutional legal regulation of the principles of competitiveness and equality of parties in constitutional proceedings is mediated by the lack of scientific research in this area. In this regard, the aim of the article is to analyze the texts of the constitutions of the CIS member states for the presence of legal norms that formalize the Constitutional Court, constitutional legal proceedings and, accordingly, the principles of competition and equality of the parties. The author presents doctrinal arguments in favor of the substantive content of the independent principles of competitiveness and equality of the parties in constitutional proceedings. In conclusion, a conditional grouping of the texts of the constitutions of the CIS member states is carried out, taking into account the existence of norms legalizing the Constitutional Court, the constitutional type of legal proceedings, as well as the principles of competition and equality of the parties. The following groups of norms are distinguished: complete group (Azerbaijan, Kyrgyzstan and Russia), institutional group (Moldova, Uzbekistan) and fragmentary procedural group (Armenia, Belarus, Tajikistan).

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About the authors

Ella Zurabievna Jamil

The Fourth Cassation Court of General Jurisdiction

Email: hanga17@mail.ru
Assistant Judge Krasnodar, Russia

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