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title Three. The Special Features of Proceedings in the Constitutional Court of the Russian Federation in Respect of Certain Categories of Cases

 

Chapter IX Consideration of Cases on Conformity with the Constitution of the Russian Federation of Enactments of Bodies of State Power and of Agreements Between Them

 

Article 84. The Right to Petition the Constitutional Court of the Russian Federation

The right to petition the Constitutional Court of the Russian Federation with a request to verify the constitutionality of enactments of the bodies of State Power and of agreements between them shall be vested in the President of the Russian Federation, the Federation Council, the State Duma, one fifth of the number of the members (deputies) of the Federation Council or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the Superior Court of Arbitration of the Russian Federation, bodies of legislative and executive power of constituent entities of the Russian Federation.

 

Article 85. Admissibility of the Request

The request to the Constitutional Court of the Russian Federation to verify the constitutionality of the enactment of the body of State Power or the agreement between the bodies of State Power or of their individual provisions shall be admissible if the petitioner deems them either unenforceable due to their unconstitutionality or enforceable notwithstanding the official decision of the federal organs of State Power, the supreme state bodies of the constituent entities of the Russian Federation or their officials on the refusal to apply and execute them as not being in conformity with the Constitution of the Russian Federation or contrary to the decision, officially adopted by an inter-State body for the protection of human rights and freedoms, in which violation of human rights and freedoms by the Russian Federation in the course of application of a respective normative act or treaty and the need to make amendments to them eliminating the said violations are ascertained.

A request to verify the constitutionality of the enactment of a constituent entity of the Russian Federation shall be admissible if the enactment was issued on the matter pertaining to the jurisdiction of bodies of State Power of the Russian Federation and to the joint jurisdiction of bodies of State Power of the Russian Federation and bodies of State Power of constituent entities of the Russian Federation

 

Article 86. Scope of Verification

The Constitutional Court of Russian Federation shall establish the conformity with the Constitution of the Russian Federation of enactments of bodies of State Power and of agreements between them as to:

1) substance of the norms;

2) form of the enactment, the agreement or the treaty;

3) procedure for their signing, conclusion, adoption, promulgation, or entry into effect;

4) in terms of the separation of State Power into the legislative, executive, and judicial as provided for by the Constitution of the Russian Federation;

5) in terms of the delimitation of competence between the federal bodies of State Power as provided for by the Constitution of the Russian Federation;

6) in terms of the delimitation of jurisdiction and powers between bodies of State Power of the Russian Federation and bodies of State Power of constituent entities of the Russian Federation as provided for by the Constitution of the Russian Federation, the Federation Treaty and other agreements on the delimitation of jurisdiction and powers.

The verification of the constitutionality of the enactments of the organs of State Power and of agreements between them that were adopted prior to coming into force of the Constitution of the Russian Federation shall be done by the Constitutional Court of the Russian Federation only as for the substance of the norms.

 

Article 87. Final Decision in the Case

Based on the outcome of the consideration of a case on the verification of the constitutionality of an enactment of the body of State Power or an agreement between the bodies of State Power the Constitutional Court of the Russian Federation shall pass one of the following judgments:

1) on acknowledgement of the conformity of the enactment or the agreement, or individual provisions thereof with the Constitution of the Russian Federation;

2) on acknowledgement of the non-conformity of the enactment or the agreement, or individual provisions thereof with the Constitution of the Russian Federation.

The acknowledgement of non-conformity of a law, a normative act enacted by the President of the Russian Federation, or a normative act enacted by the Government of the Russian Federation, or a treaty or individual provisions thereof with the Constitution of the Russian Federation shall make grounds for the abrogation in accordance with the prescribed procedure of the provisions of other normative acts or treaties, based upon the normative act or the treaty that were acknowledged as unconstitutional, or reproducing it, or containing the same provisions that were acknowledged as unconstitutional.

The acknowledgement of non-conformity of a normative act enacted by a constituent entity of the Russian Federation or individual provisions thereof with the Constitution of the Russian Federation shall make grounds for the abrogation in accordance with the prescribed procedure of the provisions of normative acts or treaties enacted or concluded by other a constituent entities of the Russian Federation that contain provisions identical to those acknowledged as unconstitutional.

The provisions of normative acts or treaties listed in Sections Two and Three above may not be applied by the courts, other bodies and officials.

In the event of, within six months of the promulgation of a decision of the Constitutional Court of the Russian Federation, a normative act analogous to the one found unconstitutional not being repealed or altered, or a treaty analogous to the one found unconstitutional not being abrogated in its entirety or in part, a state body or an official, duly authorized by a federal law, shall lodge a protest or apply to a court with a request to recognize that normative act or treaty as ineffective.

 

Chapter X Consideration of Cases on Conformity with the Constitution of the Russian Federation of International Treaties of the Russian Federation Pending Their Entry into Force

 

Article 88. The Right to Petition the Constitutional Court of the Russian Federation

The right to petition the Constitutional Court of the Russian Federation with an request to verify the constitutionality of the international treaty of the Russian Federation pending its entry into force shall be vested in the President of the Russian Federation, the Federation Council, the State Duma, one fifth of the number of the members (deputies) of the Federation Council or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the High Court of Arbitration of the Russian Federation, bodies of legislative and executive power of the constituent entities of the Russian Federation.

 

Article 89. Admissibility of the Request

The request to verify the constitutionality of the international treaty of the Russian Federation pending its entry into force shall be admissible if:

1) in accordance with the Constitution of the Russian Federation and the federal law the international treaty of the Russian Federation referred to in the request is subject to ratification by the State Duma or to approval by another federal body of State Power;

2) the petitioner deems the international treaty of the Russian Federation pending its entry into force as not subject to be brought into effect and to be applied in the Russian Federation due to its non-conformity with the Constitution of the Russian Federation.

 

Article 90. Scope of Verification

The scope of verification by the Constitutional Court of the Russian Federation of the conformity with the Constitution of the Russian Federation of the international treaty of the Russian Federation pending its entry into force shall be prescribed by Article 86 of the present Federal Constitutional Law.

 

Article 91. Final Decision in the Case

Based on the outcome of the consideration of a case on the verification of the constitutionality of the international treaty of the Russian Federation pending its entry into force the Constitutional Court of the Russian Federation shall pass one of the following judgments:

1) on acknowledgement of the conformity of the international treaty of the Russian Federation pending its entry into force, or individual provisions thereof with the Constitution of the Russian Federation;

2) on acknowledgement of the non-conformity of the international treaty of the Russian Federation pending its entry into force, or individual provisions thereof with the Constitution of the Russian Federation.

As of the time of the pronouncement of the judgment of the Constitutional Court of the Russian Federation on the acknowledgement of the non-conformity to the Constitution of the Russian Federation of the international treaty of the Russian Federation pending its entry into force, or individual provisions thereof, the international treaty shall not be brought into effect or applied, that is, it may not be ratified, approved and may not enter into force for the Russian Federation in any other mode.

 

Chapter XI Consideration of Cases on Disputes Concerning Competence

 

Article 92. Right to Petition the Constitutional Court of the Russian Federation

The right to petition the Constitutional Court of the Russian Federation with an application to settle a dispute concerning competence shall be vested in any body of State Power party to the dispute, listed in Article 125 (Part 3) of the Constitution of the Russian Federation, whereas in the President of the Russian Federation it shall also be vested in the event envisaged by Article 85 (Part 1) of the Constitutional of the Russian Federation.

 

Article 93. Admissibility of Application

The application of the body (bodies) of State Power shall be admissible if:

1) the competence in dispute is defined by the Constitution of the Russian Federation;

2) the dispute does not concern the question of the proper jurisdiction of courts over a case or the justiciability;

3) the dispute has not been settled or cannot be settled by other means;

4) the petitioner considers the issuance of an act or the performance of an action of legal nature or the evasion from the issuance of an act or the performance of the aforementioned action to be a violation of the delimitation of competence between the bodies of State Power provided for by the Constitution of the Russian Federation;

5) the petitioner has previously applied in writing to the bodies of State Power listed in Article 125 (Part 3) of the Constitution of the Russian Federation alleging either their violation of the competence of the petitioner as defined by the Constitution of the Russian Federation and agreements or the evasion by these bodies from a responsibility within their competence;

6) the violations listed in the application in writing, as specified in Paragraph 5 of the present Article, have not been removed within a month of the receipt of the application;

7) in the event of an appropriate body of State Power requesting the President of the Russian Federation to apply conciliation procedures provided for in Article 85 of the Constitution of the Russian Federation, the President of the Russian Federation within a month of the request has not applied the conciliation procedures or those procedures did not result in the settlement of the dispute.

The application of the President of the Russian Federation submitted as provided for by Article 85 (Part 1) of the Constitution of the Russian Federation shall be admissible, if:

1) the President of the Russian Federation has applied the conciliation procedures to settle the discord between the bodies of State Power;

2) the discord between the bodies of State Power constitutes a dispute concerning competence that falls within the proper jurisdiction of the Constitutional Court of the Russian Federation.

 

Article 94. Scope of Verification

The Constitutional Court of the Russian Federation shall consider the disputes concerning competence exclusively from the perspective of the separation of State Power into the legislative, executive, and judicial and the delimitation of competence between bodies of State Power as provided for by the Constitution of the Russian Federation, as well as from the perspective of the delimitation of jurisdiction and powers between bodies of State Power of the Russian Federation and bodies of State Power of constituent entities of the Russian Federation, between the supreme bodies of State Power of the constituent entities of the Russian Federation, as provided for by the Constitution of the Russian Federation, the Federation Treaty and other agreements on the delimitation of jurisdiction and powers.

The consideration of the case on the conformity of the enactment, being subject of the dispute concerning competence, with the Constitution of the Russian Federation as to the substance of the norm, its form, the procedure for its signing, conclusion, adoption, promulgation, or entry into effect shall be possible only on the basis of an individual request and in accordance with the procedure for the consideration of cases on the constitutionality of the enactments.

 

Article 95. Final Decision in the Case

Based on the outcome of the consideration of the dispute concerning competence the Constitutional Court of the Russian Federation shall pass one of the following judgments:

1) confirming the authority of the respective body of State Power to issue the act or to perform the action of the legal nature that caused the dispute concerning competence;

2) denying the authority of the respective body of State Power to issue the act or to perform the action of the legal nature that caused the dispute concerning competence.

If the Constitutional Court of the Russian Federation acknowledges the issuance of the act as not being within the competence of the issuing body, the act shall be null and void as of the date stipulated in the judgment.

 

Chapter XII Consideration of Cases on Constitutionality of Laws at Complaints about Violation of the Constitutional Rights and Freedoms of Citizens

 

Article 96. Right to Petition the Constitutional Court of the Russian Federation

The right to petition the Constitutional Court with the individual or collective complaint about violation of the constitutional rights and freedoms shall be vested in the citizens, whose rights and freedoms have been violated by the law that has been applied in a specific case, and in the associations of citizens, as well as in other bodies and persons, envisaged in the federal law.

Enclosed with the complaint, additional to the documents listed in Article 38 of the present Federal Constitutional Law, shall be the copy of the official document confirming the application of the appealed law in the decision of the specific case. The official or the body that considered the case shall issue the copy of the aforementioned document to the petitioner at his request.

 

Article 97. Admissibility of the Complaint

The complaint on the violation by the law of the constitutional rights and freedoms shall be admissible if:

1) the law infringes on the constitutional rights and freedoms of citizens;

2) the law was applied in a concrete case whose consideration has been completed in court, and the complaint must be lodged in no event later than one year after consideration of the case in court.

 

Article 98. Consequences of Admission of Complaint for Consideration

The Constitutional Court of the Russian Federation, having admitted for consideration the complaint about violation of constitutional rights and freedoms of citizens, shall notify about that the court that adopted the latest judgment on the case of the petitioner in which the appealed law has been applied and, upon the demand of the petitioner, - the body exercising the execution of this court judgment according to the federal law, and the court considering a case for which this court judgment may be of relevance. A respective court may adjourn the execution of the court judgment or proceedings in the case pending the passing of the judgment by the Constitutional Court of the Russian Federation.

 

Article 99. Scope of Verification

The scope of verification by the Constitutional Court of the Russian Federation of the conformity with the Constitution of the Russian Federation of the law, indicated in the complaint about violation of the constitutional rights and freedoms of citizens shall be established by Article 86 of the present Federal Constitutional Law.

 

Article 100. Final Decision on Case

Following the consideration of the complaint about violation by the law of the constitutional rights and freedoms of citizens the Constitutional Court of the Russian Federation shall pass one of the following judgments:

1) on acknowledgement of the conformity of the law, or individual provisions thereof with the Constitution of the Russian Federation;

2) on acknowledgement of the non-conformity of the law, or individual provisions thereof with the Constitution of the Russian Federation.

3) on acknowledgement of the provisions of a normative legal act challenged by the petitioner as analogous to the norms previously recognized as non-conforming with the Constitution of the Russian Federation by the judgment of the Constitutional Court of the Russian Federation retaining its force and therefore also not conforming to the Constitution of the Russian Federation or on ascertaining the fact that the provision that has been applied in a specific case has previously been acknowledged as unconstitutional by the judgment of the Constitutional Court of the Russian Federation, retaining its force.

If the Constitutional Court of the Russian Federation passed a judgment stipulated by Paragraph 2 or Paragraph 3 of Section One of the present Article, the case shall in any event be subject to review by the competent body in accordance with the regular procedure.

If a federal law or a law of a constituent entity of the Russian Federation, or individual provisions thereof have been acknowledged as not being in conformity with the Constitution of the Russian Federation, the costs borne by citizens and their associations who have petitioned the Constitutional Court of the Russian Federation in accordance with Article 96 of the present Federal Constitutional Law shall be reimbursed from the federal budget or a budget of a respective constituent entity of the Russian Federation in accordance with the procedure and in the amount prescribed by the Government of the Russian Federation:

1) charged state fee;

2) fees paid for the services of representatives;

3) travel and lodging expenses of petitioners and their representatives related to their appearance in court;

4) postal expenses related to consideration of a case.

5) compensation in lieu of actual time lost.

 

Chapter XIII Consideration of Cases on Constitutionality of Laws at Requests of Courts

 

Article 101. Petition to the Constitutional Court of the Russian Federation

The court while considering the case in any instance, having arrived at the conclusion about non-conformity with the Constitution of the Russian Federation of the law that ought to be applied by it in a specific case, shall petition the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the aforementioned law.

Court when reconsidering in the events established by the procedural legislation a case in connection with adoption of a decision by an inter-State body for the protection of human rights and freedoms, in which violation of human rights and freedoms in the course of application of a law or its individual provisions by the Russian Federation is ascertained, having come to the conclusion that the question of the possibility of application of the respective law may be resolved only after confirmation of its conformity to the Constitution of the Russian Federation, shall petition the Constitutional Court of the Russian Federation on review of constitutionality of this law.

 

Article 102. Admissibility of the Request

The request of the court shall be admissible if the law, in the opinion of the court, ought to be applied in the specific case that it is considering.

 

Article 103. Consequences of Submission of the Request

As of the time of the decision of the court to petition the Constitutional Court of the Russian Federation and pending the judgment of the Constitutional Court of the Russian Federation the proceedings in the case or the execution of the decision passed by the court shall be adjourned.

 

Article 104.  Scope of Verification and Types of Final Decisions

The limits of verification by the Constitutional Court of the Russian Federation of the conformity with the Constitution of the Russian Federation of the law challenged in the request of the court, and types of final decisions on the case shall be prescribed by Articles 86 and 100 of the present Federal Constitutional Law.

 

Chapter XIV Consideration of Cases on Interpretation of the Constitution of the Russian Federation

 

Article 105. Right to Petition the Constitutional Court of the Russian Federation

The right to petition the Constitutional Court of the Russian Federation with a request to give the interpretation of the Constitution of the Russian Federation shall be vested in the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, bodies of legislative power of the constituent entities of the Russian Federation.

 

Article 106. Binding Force of Interpretation of the Constitution of the Russian Federation

The interpretation of the Constitution of the Russian Federation adopted by the Constitutional Court of the Russian Federation shall be official and binding for all representative, executive, and judicial organs of State Power, organs of local government, enterprises, agencies, organizations, officials, citizens and their associations.

 

Chapter XV Consideration of Cases on Delivery of Declaratory Judgment on Observance of Prescribed Procedure for Charging the President of the Russian Federation with High Treason or with Commission of other Grave Offense

 

Article 107. Petition to the Constitutional Court of the Russian Federation

The petition with the request for a declaratory judgment on the observance of a prescribed procedure for charging the President of the Russian Federation with high treason or with commission of other grave offense shall be transmitted to the Constitutional Court of the Russian Federation by the Federation Council.

 

Article 108. Admissibility of the Request

The request to the Constitutional Court of the Russian Federation for a declaratory judgment on the observance of a prescribed procedure for charging the President of the Russian Federation with high treason or with commission of other grave offense shall be admissible provided the charge is brought by the State Duma and there is the finding of the Supreme Court of the Russian Federation on the presence in the actions of the President of the Russian Federation of the elements of the respective offense.

 

Article 109. Procedure for Transmitting Request and for the Delivery of Declaratory Judgment

The request for declaratory judgment on the observance of a prescribed procedure for charging the President of the Russian Federation with high treason or with commission of other grave offense shall be transmitted to the Constitutional Court of the Russian Federation in no event later than one month after the adoption by the State Duma of the decision to bring the charge. Enclosed with the inquiry shall be the text of the decision of the State Duma to bring the charge, the records or verbatim records of the discussion of the question at the session of the State Duma and texts of all documents pertaining to the discussion, as well as the text of the finding of the Supreme Court of the Russian Federation.

The declaratory judgment shall be delivered by the Constitutional Court of the Russian Federation in no event later than ten days after the registration of the inquiry.

 

Article 110. Declaratory Judgment on Observance of Prescribed Procedure for Charging the President of the Russian Federation With High Treason or with Commission of Other Grave Offense

Following the consideration of a case the Constitutional Court of the Russian Federation shall deliver one of the following declaratory judgments:

1) that the prescribed procedure for charging has been observed;

2) that the prescribed procedure for charging has not been observed.

If the Constitutional Court of the Russian Federation passes the decision on the non-observance of a prescribed procedure for charging the President of the Russian Federation with high treason or with commission of other grave offense, the consideration of the charge, as provided for by the Constitution of the Russian Federation, shall be dismissed.

 

 


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