Problems of Organization and Competence of Constitutional (Statutory) Councils of Constituent Entities of the Russian Federation (Case Studies of the Republics of Adygea, Sakha (Yakutia), Bashkortostan)

Abstract

The abolition of constitutional (statutory) courts led to the emergence of new bodies of constitutional control (supervision) in the constituent entities of the Russian Federation — constitutional (statutory) councils operating under the legislative bodies of constituent entities of the Russian Federation. But at the same time, federal legislation only allows for the possibility of the formation of these bodies, without specifying their status in any way. The paper provides a comparative legal analysis of the legislation regulating functioning of constitutional councils of three constituent entities of the Russian Federation, namely, the Republics of Adygea, Sakha (Yakutia) and Bashkortostan where these bodies have already been formed. The main models of the legal status of the constitutional council used by the legislator of the constituent entities under consideration are as follows: they act as an expert advisory body (Adygea), as an institution primarily providing legislative activity in the constituent entity of the Russian Federation, but also empowered in the field of subsequent regulatory control, implemented in connection with citizens’ complaints (Bashkortostan), and as a body carrying out both preliminary and subsequent regulatory control in connection with the appeals of state bodies and officials (Sakha (Yakutia)). The author explains the main problems of the relevant legislative regulation and its implementation. It is concluded that the predominantly advisory nature of the powers of constitutional (statutory) councils, the absence in federal legislation of norms ensuring implementation of their decisions, significantly reduce the effectiveness of these bodies in the field of legal protection of constitutions (charters) of constituent entities of the Russian Federation.