Milchakova, O.V. Resolving competence disputes (disputes on jurisdiction) in the Constitutional Court.

Abstract: The principles of separation of powers and territorial structure of a state inevitably cause competence disputes (disputes on jurisdiction) among the central government bodies, between the central government bodies and territorial unit bodies, as well as the disputes between the territorial unit bodies. In this article the author pays attention to the specific features of defining constitutional legal disputes (competence disputes) and specific features of their evaluation by the Constitutional court. The study is based upon the Russian and foreign legislation, and the experience of the constitutional courts of the states formed in the former Yugoslavia territory (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, and Montenegro). The study mostly employs formal legal and comparative legal methods. Based upon the analysis of the foreign legislation and practice of the constitutional courts of the former Yugoslavia, the author substantiates the classification of competence disputes, providing for a distinction between horizontal and vertical ones, negative and positive ones. It is pointed out that the necessary condition for a competence dispute is the situation when two or more public government bodies pass final acts recognizing or refusing to recognize their competence on the same issue. Finally, the author concludes that resolution of competence disputes by the constitutional court in the states within the former Yugoslavia is more democratic than in Russia, since they allow any person who cannot implement his rights, and not just a government body, which is a party to the dispute, to bring a claim in court to resolve such a dispute.

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