Brezhnev, O.V. Institution of revision of decisions of a Constitutional (Ustav) Court of the constituent subject of the Russian Federation: theoretical and practical problems

Abstract: The institution of revision of decisions of a Constitutional (Ustav) Court is provided for under the legislation of a number of constituent subjects of the Russian Federation. To which degree is it compatible with the specific features of constitutional judicial procedure, providing for the finality of all acts of constitutional justice bodies? The article contains an evaluation of theoretical provisions regarding roles and value of the institution of revision of decisions of a Constitutional (Ustav) Court as a guarantee of lawfulness in the sphere of constitutional judicial procedure. Based upon the methodology of theoretical analysis of the said institution, the author provides a comparison of key procedural models for the revision of decision of regional constitutional justice bodies from the standpoints of order of initiation of this procedure, its grounds, types of decisions subject to revision, range of participants of the judicial hearing, sphere of competence of a Constitutional (Ustav) Court. Taking into account the perspectives of development of the constitutional justice in Russia, as well as the need to achieve the goals of the current judicial reform, the author shows positive and negative elements of legal regulation in the sphere of review of decisions of a Constitutional (Ustav) Court of the constituent subject of the Russian Federation, reflecting the most important tendencies in the modern approaches to this subject. Based upon the study, the author draws conclusions on the need to provide more details into the procedure of review of decisions of a Constitutional (Ustav) Court of the constituent subject of the Russian Federation, including clear regulation of its bases and limitations of its use by preclusive term, which shall allow to conform to the principle of legal certainty in constitutional judicial procedure.

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