Sokolov, T.V. Constitutional judicial procedure: the mechanism for the implementation of judicial power?!

Abstract: Procedural (justice) function of the Constitutional Court of the Russian Federation and the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation is challenged in the scholarly writings, these bodies are not recognized as classical courts, and their activities are not recognized as part of national justice. The causes for such doctrinal views include the differences between the procedural forms of constitutional judicial process and other types of judicial process, as well as the absence of doctrinal attempts of procedural evaluation of the phenomenon of the Russian constitutional justice. The article is devoted to the studies of the activities of the constitutional courts as a part of national justice system, uncovering and analysis of its ties with the institution of judicial power. The methodology of the procedural evaluation of constitutional judicial procedure chosen by the author includes the doctrine of judicial law, which is the general theory of judicial law and is currently undergoing a Renaissance, since its interdisciplinary dimension allows for interdisciplinary studies in the sphere of justice, and for the evaluation of the novel legal institutions, such as the constitutional judicial procedure is within the framework of the Russian procedural science. The constitutional judicial procedure is viewed through the prism of the implementation of the mechanism of judicial power via judicial proceedings, the structure of which is offered by L.A. Voskobitova, and the positions of the “Court” in accordance with the Art. 6 of the European Convention on Human Rights. As a result, it is stated that it is a type of mechanism for the implementation of judicial power in the special sphere of material legal relation, and it is a constituent element of the national justice.

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