Compensatory Mechanism in Constitutional Justice: Problems of Legal Regulation and Practical Application

Abstract

One of the goals of the activities of the Constitutional Court of the Russian Federation is to protect the rights and freedoms of man and citizen by recognizing as unconstitutional the norms applied in a particular case. Restoration of violated rights is carried out by reviewing the relevant case. At the same time, in some cases, due to the specifics of the relevant relations, when the review of the case was impossible or could not lead to the restoration of the violated rights of the applicant, it was not possible to compensate for the negative consequences of the violation of his rights. This circumstance made it impossible to fully ensure the completeness and effectiveness of constitutional proceedings. The introduction of the institute of compensatory mechanisms was aimed at solving this problem. However, sparing legal regulation, its ambiguous interpretation and various application in practice had a negative impact not only on the effectiveness, but also on the very applicability of this legal institution. Having analyzed both the decisions of the Constitutional Court of the Russian Federation and the rulings of general jurisdiction courts, the author considers the above problems as well as the reasons for their occurrence and proposes some ways to resolve them.