Judicial Legislative Initiative in Constituent Entities of the Russian Federation

Abstract

The article investigates the legislative initiative of judicial authorities at the level of constituent entities of the Russian Federation. Comparing legislative initiative assigned to the courts under the Constitution of the Russian Federation and constitutions (charters) of subjects of the Russian Federation, the author has come to the conclusion that the content of the right to legislative initiative in the vast majority of constituent entities of the Russian Federation is similar to the content thereof in federal legislation. The author investigates various approaches of constituent entities’ law-makers to granting legislative initiative to judicial bodies. The author singles out peculiarities of assigning judicial initiative not only to the judicial bodies at the level of constituent entities of the Russian Federation (constitutional (statutory, charter) courts), but also to federal courts (courts of general jurisdiction and arbitrazh courts). The author distinguishes the concepts of judicial bodies, presidents of courts and courts presidiums as subjects endowed with the right of legislative initiative. Analyzing the variety of wordings regarding the allocation of judicial authorities, their officials and internal structural units, the author concludes that the right to legislative initiative could be possessed only by the court as a whole. According to the author, some constitutions (charters) of constituent entities of the Russian Federation contain obvious contradiction to federal legislation. However, it is still necessary to empower the courts with the right of legislative initiative at the level of constituent entities of the Russian Federation.