On enforcement ofjudgment made by constitutional judicial bodies
One of today's topical problems connected with the modern situation and the so-called ''political weight'' of court and constitutional supervisory bodies is the problem of execution of their judgments. As a measure of raising the efficiency of execution of judgments made by court and constitutional supervisory bodies we suggest: using the special powers of Plenipotentiary Representatives of the RF President in corresponding Federal Districts, RF prosecution agencies, and involving courts of general jurisdiction in holding liable those who refuse to implement constitutional and statute court judgments, liability enhancement for non-compliance with legal acts made by constitutional justice organs and increasing safeguards of independent work of judges in the organs under our consideration (regional level). We would also like to touch upon certain issues of legal control that pertain to the RF Constitutional Court judgments. Under Article 80 of the Federal Constitutional Law ''On Constitutional Law of the Russian Federation'' in case a legal act is considered not to conform fully or partially to the RF Constitution, or by a decision of the RF Constitutional Court there is a necessity to eliminate a gap in legal regulation within three months of publication of the RF Constitutional Court judgment the RF Government shall submit a draft of a new federal constitutional law, federal law or a number of interrelated draft laws or a bill on making amendments and (or) additions to the law that was considered unconstitutional in one of its parts to the State Duma. The above-mentioned draft laws shall have priority consideration in the State Duma. Article 51 of the State Duma regulations defining a list of issues for priority discussion in the State Duma does not include draft laws on implementing the RF Constitutional Court decisions. In connection with this we suggest making corresponding corrections in Article 51 of the Regulations of the State Duma of the Federal Assembly of the Russian Federation, namely, adding point ''k'' to Part 1 of Article 51 of the State Duma Regulations reading ''draft laws submitted by the Government of the Russian Federation under Point 1 Article 80 of the Federal Constitutional Law ''On Constitutional Court of the Russian Federation''. We also suggest to develop a special mechanism of the RF Government responsibility for a delay in submitting the corresponding draft laws to the Lower House of the Federal Parliament stating it in the Federal Constitutional Law dated December 17, 1997, Federal Constitutional Law № 2 ''On the Government of the Russian Federation''. The changes in the Budget Code of the Russian Federation on financing the RF Constitutional Court judgment implementations could also help solving of some legal issues of implementing the judgments of the court and constitutional supervisory bodies.
Keywords
конституционный контроль, Конституционный Суд Российской Федерации, конституционный (уставный) суд субъекта Российской Федерации, исполнение решений органов конституционного контроля, constitutional control, Constitutional Court of the Russian Federation, constitutional (statute) court of the subject of Russian Federation, judgment enforcement of constitutional supervisory bodiesAuthors
| Name | Organization | |
| Chekryga Marina А. | Novosibirsk Region Governor Administration, Novosibirsk Region Government | ChekrygaMarina@mail.ru |
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