Some Aspects of Standing Capacity of a Citizen in Constitutional Proceedings

Abstract

The legislation of Russian Federation does not determine the moments of occurrence and termination of standing capacity of a citizen in a constitutional legal process. At the same time, the absence of appropriate procedural rules means that the procedure for protection of citizens’ constitutional rights in constitutional proceedings remains uncertain. Using the methods of analysis and synthesis, the author examines some aspects of standing capacity of a citizen in a constitutional legal process from the point of view of its conditionality to the material legal personality. The author proceeds from the point that the right to be a participant of a constitutional legal proceeding exists within constitutional relations between the multinational people of Russian Federation and the state regarding the adoption and application of laws, and serves in an inseparable relationship to the goals of protecting constitutional rights and freedoms of man and citizen.. The article substantiates the emergence of standing capacity of a citizen in constitutional legal proceedings from the moment of birth and its termination by death. The legal nature of individual constitutional rights implies their existence after the death of a person, so it is proposed to use the institute of procedural succession in constitutional legal proceedings. With regard to procedural capacity, the attention of readers is drawn to the need for its completion by procedural norms for those persons who, for various reasons, do not have full legal capacity.