Рассмотрение в Конституционном Суде Российской Федерации дела о конституционных изменениях 2020 г.: материально-правовые и процессуальные особенности

Abstract

For the first time in the history of Russian constitutional justice the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities” provided for as part of the mechanism for its entry into force a special authority of the Constitutional Court of the Russian Federation related to mandatory checking the new constitutional regulation for compliance provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. The article reveals substantive and procedural features of this authority of the Constitutional Court of the Russian Federation, concerning the subject and criteria for checking the legal provisions under consideration, the organizational form of constitutional proceedings used in this case, the legal force of the decision of the Constitutional Court of the Russian Federation, etc. Disclosed the relationship of this regulation and already formulated legal positions of the Constitutional Court of the Russian Federation on certain aspects of the implementation of constitutional justice. In the prognostic plan, the need for more detailed legislative regulation of the procedure for exercising powers associated with mandatory constitutional control is shown.