О формах взаимодействия между Конституционным Судом Российской Федерации и органами государственной власти Российской Федерации

Abstract

This article discusses the topical problem of cooperation in the separation of powers between the Constitutional Court of the Russian Federation and the President of the Russian Federation, the Federation Council of the Russian Federation, the Government of the Russian Federation, the Supreme Court. The author suggests improving the regulation of cooperation of the Constitutional Court and the head of the state, the legislative, executive and judicial branches taking into consideration its status. On the basis of the constitutional legislation and law enforcement practice the author concludes that the leading role in cooperation of the President of the Russian Federation and the Constitutional Court of the Russian Federation belongs to the head of the state, who influences the composition of the Constitutional Court and the appointment of its heads, assignment of additional social guarantees of judicial independence, execution of rendered judgments. The Constitutional Court of the Russian Federation has an opposite influence on the activities of the President of the Russian Federation in the execution of expert advisory, constituent, statutory and regulatory functions giving expert opinions over complicated constitutional matters, certification of the act of oath of the newly elected head of the state, participation in the procedure of impeachment of the President of the Russian Federation, judgments of other categories, referring the competence of the Constitutional Court of the Russian Federation. Analyzing relations between the Constitutional Court and the Federation Council of the Russian Federation, it can be noted that it can actively assist in the elaboration of the legislative activities of the Russian parliament by means of realization of the right to legislative initiative, submission of messages and summarized judicial practice, legal background of its judgments and positions which contain suggestions and recommendations necessary for the consideration of new laws. The Federation Council can also influence the Constitutional Court of the Russian Federation in a similar way, when it takes part in the appointment and juration of judges, early termination of their powers and holding joint representative, scientific and international meetings. Considering the features of the relations of the Constitutional Court and the Government of the Russian Federation, it is necessary to note the circumstantial character of these relations. It is worked out in the participation in trials, carrying out legal monitoring and exchange of information over the status of rendered judgments of the Constitutional Court in law enforcement practice, which are legal grounds for improving the law-making of the federal executive authorities. The form of relations between the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation is described separately. It assumes making suggestions on personal staff of judges of the Constitutional Court of the Russian Federation to the President of the Russian Federation. Besides, cooperation of the Constitutional Court and the Supreme Court implies a wide participation of the Supreme Court of the Russian Federation in hearing cases during constitutional justice administration by the Constitutional Court of the Russian Federation. Other aspects of this cooperation are rendering acts on the official explanation of issues of the order of the Constitutional Court judgment execution by the Plenum of the Supreme Court of the Russian Federation, which have a decisive meaning for general jurisdiction and arbitral jurisdiction courts. A prospective direction of the cooperation of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation is the obligation to invite the Chairman of the Constitutional Court and its representatives to the sessions of the Plenum of the Supreme Court over the issues of explanation of the order of application of laws according to the legal positions of the Constitutional Court of the Russian Federation. The author supports the suggestion over the reasonability of creation of a special legal expert or a State Council of Justice as a coordinating and consulting authority from heads of superior judicial institutions to carry out a single judicial policy in the judicial system of the Russian Federation.