Procedure for the Formation of Constitutional (Statutory) Councils of the Constituent Entities

Abstract

The abolition of the constitutional (statutory) courts of the constituent entities of the Russian Federation as specialized bodies of legal protection of the Basic Law has set the task of forming new mechanisms for ensuring constitutional legality for the constituent entities of the Russian Federation. At the same time, the federal legislator, having authorized the creation of constitutional (statutory) councils of the constituent entities of the Russian Federation, did not determine either their status or the procedure for their formation. At the same time, it is the order of formation that often determines the real place and role in the system of public power, and the unresolved issue will prevent the creation of constitutional (statutory) councils in the constituent entities of the Russian Federation. In addition, it is the order of formation of the body (and not the competence or the order of work) that is given the main attention in the three laws on already established constitutional councils in the Republics of Yakutia, Adygea and Bashkiria. The paper analyzes the experience of the formation of constitutional protection bodies of the Basic Law and, above all, constitutional (statutory) courts of the constituent entities of the Russian Federation as historical predecessors of constitutional (statutory) councils. The problems of establishing requirements for candidates for members of the constitutional (statutory) councils of the constituent entities of the Russian Federation are studied. The order of formation of constitutional councils in Yakutia, Adygea and Bashkiria is analyzed. The three most probable models of formation of constitutional (statutory) councils of the constituent entities of the Russian Federation are substantiated. The authors propose a model that is deemed optimal. They suggest appointing members of the constitutional (statutory) council exclusively by the legislative (representative) authority of the constituent entities of the Russian Federation following the proposal of a wide range of state bodies, officials and organizations (and not only on the proposal of the head of the constituent entity of the Russian Federation). It is also proposed to establish separate deadlines for submitting candidates to the parliament of a constituent entity of the Russian Federation and for subsequent decision-making thereon. At the same time, the deadline for submitting candidates to the House of Parliament should be sufficient for proper notification and selection of candidates and should be at least three months, while the deadline for making a decision on candidates can and should be as short as possible (for example, one month). It is proposed to replicate the experience of the Constitutional Council of Adygea, the chairman, deputy Chairman and secretary of which are elected by the constitutional advisers of Adygea from among their members.