On the problem of the legal effect of judgments of the Constitutional Court of the Russian Federation and decisions of courts of general and arbitral jurisdiction

The author considers debatable theoretical and practical questions of the nature of final decisions of the Constitutional Court of the Russian Federation, taking into consideration particular aspects of its constitutional status as a judicial authority and as the highest state authority, which allows to distinguish it from decisions of the courts of general jurisdiction and arbitral jurisdiction. Regarding particular aspects of judgments of the Constitutional Court of the Russian Federation as a variety of judicial acts, the author notes that they have all general characteristics which are appropriate to the decisions of a judicial authority, which is a result of the content of its jurisdictional activity over the review and decision of definite cases and rendering of legal acts. However, following the specific character of the constitutional status and functional assignation of the Constitutional Court of the Russian Federation as the highest state authority over constitutional judicial control which has a constitutive character, it is necessary to point out particular qualities of the judgments of the Constitutional Court of the Russian Federation. These qualities distinguish the nature of these judgments from decisions of the courts of general jurisdiction and arbitral jurisdiction. Primarily, it is essential to consider such important characteristics, appropriate to the judgments of the Constitutional Court of the Russian Federation, as the generally binding character of these decisions, its direct effect, finality, irreducibility, the highest legal effect, standardization; they operate in time and space, according to the personal scope of application, as legal acts. Moreover, a particular legal quality of the judgments of the Constitutional Court of the Russian Federation is prejudicial character, which all courts should follow during the valuation of the constitutionality of the applied act, having similar legal norms in case of an identical legal situation. Another specific feature of judgments of the Constitutional Court of the Russian Federation over the cases of regulatory norms are legal consequences. It means that adjudgement of a legal act unconstitutional deprives this act of its legal effect and eliminates the possibility of its application. Another distinguishing feature of the nature of judgments of the Constitutional Court of the Russian Federation is consolidation of legal elements which reveal the notion and the content of the Constitution of the Russian Federation and constitutional legislature. In particular, these legal statements can contain new interpretation of legal acts, admitted as relevant to the Constitution; consequently, other courts should apply it according to statements of legal acts explained by the Constitutional Court of the Russian Federation.

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