Milchakova, O.V. On the issue of stages of constitutional judicial process

Abstract: The article includes a novel approach to the stages of constitutional judicial process, which previously was not expressed within the science of constitutional law. The basis for the studies was formed by the procedures of the constitutional courts of the states formed in the territory of former Yugoslavia (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro), which are used in order to implement the functions of the constitutional justice bodies. Attention is paid to the specific features of initiating proceedings in the constitutional courts of the former Yugoslavia states, which is due to the right of the courts to initiate proceedings on constitutionality and lawfulness of acts by their own initiative. For the studies the author uses comparative and legal normative analysis. The author makes a conclusion that the stages of constitutional judicial process are very similar to the stages of “classic” judicial process, but they do have their specific features. At the same time, the author supports the position that the stage of formation of the grounds for initiation of the constitutional proceedings should be regarded as the first stage of constitutional judicial process, and the revision of the decision of a constitutional court should be regarded as the last stage.

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