Abstract
In the scientific article the author argues on similarities and distinctions between a legal position and the decision of the body of constitutional justice. The author reveals the issue of legal positions of bodies of the constitutional control as a complicated legal phenomenon and their influence on legal system of the Russian Federation. The concept of a legal position of the Constitutional Court of the Russian Federation, signs and essence of this phenomenon are defined in the article. The features of formation of legal positions of the Constitutional Court of the Russian Federation are also studied here. The author brings up the issues connected with the scope of research and tries to solve them in the conclusion of this article. For example, the author concerns a problem of lack of definitely issued mechanism of execution and application of legal positions in law-making and law-enforcement activity.
Highlights
The question of a correlation between the legal position and the decision of the constitutional control in the Russian theory and practice of the constitutional justice is under the discussion.Relevance of the chosen subject is caused by position which is held by the constitutional justice in modern society
Summarizing each of the statements given above, we come to the following conclusions: 1) Concepts of legal position and decision of the Constitutional Court of the Russian Federation are not identical
Legal positions have repeated character, and decisions of the Constitutional Court are made on concrete cases
Summary
The question of a correlation between the legal position and the decision of the constitutional control in the Russian theory and practice of the constitutional justice is under the discussion.Relevance of the chosen subject is caused by position which is held by the constitutional justice in modern society. The question of a correlation between the legal position and the decision of the constitutional control in the Russian theory and practice of the constitutional justice is under the discussion. The constitutional court of the Russian Federation as a judicial authority of the constitutional control passes the decisions which have direct impact on the system of legislation of the Russian Federation, but legal positions, which are found in these decisions aren’t investigated to the full extent. The absence of definition for legal position in the Russian legislation causes different approaches to its understanding and application. Without exact idea of the juridical nature of legal positions and their correlation with decisions of the Constitutional Court their correct understanding and practical application is impossible. The reason is that special juridical nature of legal positions determines the mechanism of their impact on legislation and practice, the order of application and enforcement of responsibility for their non-performance or improper performance. The question of correlation between the legal position and the decision remains open
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