К вопросу о специфике использования средств специализированного конституционного контроля Конституционного Суда Российской Федерации в механизме разрешения публично-правовых конфликтов

Abstract

The following work addresses the issues of the specifics of using the means of specialized constitutional control of the Constitutional Court of the Russian Federation in the mechanism of resolving public law conflicts. The purpose of this article is to explore the relationship between the norms of the constitutional law of Russia in the field of judicial constitutional review carried out by a specialized judicial body - the Constitutional Court of the Russian Federation, and the management of conflicts arising from public law relations, by considering both the theory and practice of federal constitutional jurisprudence. Based on examples of normative control activities of a specialized jurisdictional control body, the author of this article makes analytical conclusions regarding the possibility and effectiveness of eliminating the identified uncertainty in the legal regulation of various spheres of society, including the “conflict” and “gaps” of domestic legislation, by “legal”, «peaceful» means. Particular attention is paid to the issue of analyzing the theoretical complexity of the considered legal conflicts arising from public law relations, due to their «mixed» nature, which includes both legal and extra-legal elements based on political confrontations or arising from national conflicts, and therefore not related exclusively to law.