On the Question of the Place and Role of Decisions of the Constitutional Court of the Russian Federation Among the Sources of Russian Law
- Authors: Khozikova E.S.1
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Affiliations:
- Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot
- Issue: Vol 21, No 3 (2025)
- Pages: 70-75
- Section: Public Law (State and Legal Sciences)
- URL: https://journals.eco-vector.com/2541-8025/article/view/688006
- EDN: https://elibrary.ru/TXOLOT
- ID: 688006
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Abstract
The purpose of writing the research work is the author's understanding of the place and role of decisions of the Constitutional Court of the Russian Federation in the system of sources of Russian law and the formulation on this basis of his own views on the analyzed problem. The main method used in writing the work is the dialectical method of cognition of the surrounding reality. In addition, a number of general and special methods of scientific cognition were used when writing the work. Thus, the historical method was used in the analysis of the historical processes of the formation of constitutional proceedings. The comparative legal method made it possible to analyze the specifics of the legal force of decisions taken by the Constitutional Court of the Russian Federation. The method of document analysis was used in the study of legal norms regulating the constitutional and legal status of decisions of the Constitutional Court of the Russian Federation. The findings obtained during the study allow us to assert that the decisions of the Constitutional Court of the Russian Federation are a source of Russian law. The Constitutional Court of the Russian Federation interprets the Constitution of the Russian Federation, may recognize acts or their individual provisions as unconstitutional, which leads to the loss of force, verifies the constitutionality of laws and resolves the issue of the possibility of enforcing the decisions of interstate bodies, which indicates their high place in the hierarchy of sources of Russian law immediately after the Constitution of the Russian Federation and the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation.
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About the authors
Ekaterina S. Khozikova
Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot
Author for correspondence.
Email: Khozikova@mail.ru
ORCID iD: 0000-0001-6717-7802
SPIN-code: 4594-2280
Scopus Author ID: 57203968085
Cand. Sci. (Law), Lecturer at the Department of Constitutional and Municipal Law
Russian Federation, MoscowReferences
- Aleksandrova M.A. Decisions of the Constitutional Court of the Russian Federation as a source of Russian law: dissertation for the degree of candidate of legal sciences / Moscow State Law University named after O.E. Kutafin (MSAL). —M., 2018. 259 p.
- Baranova S.A., Myshenko A.A. On the issue of the legal nature of decisions of the Constitutional Court of the Russian Federation // Issues of Russian and International Law. 2017. Vol. 7. № 9A. P. 61–70.
- Zorkin V.D. Precedent nature of decisions of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2004. № 12. P. 3–9.
- Kovler A.I. Evolutionary interpretation of the European Convention on Human Rights: possibilities and limits. The European Court of Human Rights as a subject of interpretation of law // Journal of Foreign Legislation and Comparative Law. 2016. № 3 (58). P. 92–100.
- Lazarev V.V. Precedent decision of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2009. №. 6 (150). P. 114–123.
- Lazarev V.V. Decisions of the Constitutional Court of the Russian Federation as a source of law // Actual problems of civil law and procedure: Collection of materials of the International scientific and practical conference. —M.: Statut, 2006. Issue 1. P. 25–30.
- Lazarev L.V. Legal positions of the Constitutional Court of Russia. —OJSC «Gorodets Publishing House»; «Formula of Law», 2003. 345 p.
- Mityukov M.A. Acts of the Constitutional Court of the Russian Federation and constitutional (charter) courts of the constituent entities of the Russian Federation and some issues of their execution, 2001.
- Petrov A.A. On the discussion of the place of decisions of the Constitutional Court of the Russian Federation in the national system of legal acts (hierarchical aspect) // Academic Law Journal. 2015. № 3 (61). P. 9–18.
- Chervonyuk V.I. Constitutional proceedings as a constitutional-procedural form of exercise of judicial power: legal nature, titular features // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2023. № 1. P. 255–261.
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