Body Of Constitutional Control Research Articles

ADAPTATION OF THE WORLD EXPERIENCE OF CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF KAZAKHSTAN

The study contains an analysis of theoretical and practical issues of adapting the world experience of constitutional justice to the national legal system of the Republic of Kazakhstan. Based on general scientific and special scientific methods (historical and legal analysis, structural and functional, comparative legal, regulatory and others) the article discusses the experience of the best world practices, different jurisdictions, an attempt was made to create a model of constitutional justice that meets modern requirements in the Republic of Kazakhstan, aimed at the effective protection of human rights.The institution of constitutional control, which is constantly in different phases of transformation, is adapting in the legal systems of the states of the young democracy. The article presents a study of the adaptationof world experience in the development of the institution of constitutional control into the national legal system of the Republic of Kazakhstan. Issues of imperfection of the current legislation of the Republic of Kazakhstan regulating public relations related to the organization of constitutional proceedings, as well as ensuring effective practice of its application, have been identified.The study contains a number of practical proposals for improving the status and competence of the Constitutional Court of the Republic of Kazakhstan. In the orbit of the results -recommendations on expanding the powers of the constitutional control body to check for compliance with the Constitution of the newly adopted constitutional laws, as well as laws introducing amendments and additions (according to the mandatory procedure); to limit the powers of the President to challenge any existing legal acts in the Constitutional Court, to give the Constitutional Court the right to check for compliance with the Constitution of the existing international treaties of the Republic of Kazakhstan, as well as the official interpretation of the norms of constitutional laws on its own initiative, or at the request of the Supreme Court of the republic.

Execution of decisions of the Constitutional Court of Ukraine: separate doctrinal approaches

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance.

Estructura y selección de los jueces de la Corte Constitucional. Decisiones limitadas por incidencia de los gobiernos de turno

This article analyzes the structure, powers and functions of the Constitutional Court, the highest body of constitutional control and inter-pretation in Ecuador. The purpose is to determine whether its decisions are influenced by the influence of the governments in power and the polit-ical power of the State. The methodology used corresponds to a qualitative analysis, in addition to the application of methods such as legal exegetical, case study and his-torical-legal, allowing an analysis of the relevant norms, as well as the re-alization of a comparative study against the systems of selection of judges applied by other States in Latin America. The results reflect the issuance of decisions by the CC that are generated by its structure and, above all, by the form and process of selection of the judges that comprise it. Finally, it is concluded that such incidence has been reflected in different rulings, and based on this, a change in the system of selection of judges is proposed, applying an open competition, instead of a closed one, in order to limit the influence of the government of the day on such election.

Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice

In December 2023, 30 years have passed since the adoption of the Constitution of the Russian Federation. The positions of the constitutional control bodies have always played and continue to play an important role in the development of antimonopoly legislation and law enforcement practice in cases of protection of competition. In the practice of the Constitutional Court of the Russian Federation (CC of Russia) and a number of other law enforcement officers, competition is considered in the context of the constitutional value that all law enforcement officers, including antimonopoly authorities and courts, are obliged to protect. In the constitutions of a number of foreign countries, there is often no direct indication of the need to protect competition, which increases the role of the highest courts in creating a legal mechanism for its protection. The authors analyze the law enforcement practice of the Constitutional Court of the Russian Federation established after 2018 on the application of antimonopoly legislation and the influence of the positions of the supreme constitutional control body on the development of Russian competition law.

Development of Public Power in Judicial Acts and Legal Positions of the Constitutional Court of the Russian Federation: To the 30th Anniversary of the Constitution of the Russian Federation

The paper analyzes the main legal positions of the Constitutional Court of the Russian Federation since the 1990s until 2023 on the organization and functioning of public authority in Russia in the context of the theory of the «living» Constitution of Russia. To expand on the topic the author dwells upon the legal positions of the constitutional control body as an explanation of the norms of the Russian Constitution, which influences the law-making process and law enforcement practice. Based on the analysis of judicial acts, the main constitutional characteristics of public power are determined: inclusion of municipal government in its composition (the presence of organizational isolation of local government bodies with their functional unity with state power); continuous functioning and historical succession of public power; exercise of public power at the level of the Federation, constituent entities of the Federation, municipalities with the inadmissibility of violating each other’s competence by these levels. It is noted that the main task of state building may be to bring the activities of public authorities closer to the forms of democracy, as well as the development of their direct connections through public discussions between public authorities and the people, society, and citizens.

Problems of Immunity in Relation to the Sole Residential Premises of a Citizen

Executive immunity for the sole living space of a debtor-citizen has been the subject of lively discussions for theorists, law enforcement officers and legislators for a long time. To date, the instructions of the Constitutional Court of the Russian Federation denying the absolute nature of such immunity remain unfulfilled. The bills received on this issue find a negative response. In practice, there are often facts of abuse by debtors of the right to inviolability of the only housing. The purpose of the article is to develop proposals to establish the limits and mechanism of action of executive immunity for the only living space of a citizen, taking into account the need to balance the interests of the debtor and the recoveries. To achieve the goal, the position of the supreme constitutional control body, the practice of enforcement bodies are analyzed, problematic issues of interpretation of such concepts as family members of the debtor and the suitability of residential premises are considered, the relationship of executive immunity with the principle of correlation of the volume of the claimant’s claims and enforcement measures is revealed. When writing the article, the general philosophical method, general scientific methods, as well as private scientific methods were used. Proposals have been developed to improve legislation establishing the limits and mechanism of executive immunity, guarantees of the constitutional right to housing. The necessity of extending immunity to objects of unfinished construction is justified. An introduction was made about the need to resolve the issue of foreclosure on the only housing within the framework of an independent trial with a study of all the factual circumstances of the dispute.

The Role of the Practice of the Constitutional Court of the Russian Fede­ration in the Development of Constitutionalism

The study conducted a systematic analysis of both the domestic doctrine and the practice of the Constitutional Court of the Russian Federation in the field of development of constitutionalism is carried out. The paper notes that for the constitutionalization of the national legal system, the rules identified by the body of constitutional control, which guide the legislator when adopting a law, become essential. The practice developed by the Constitutional Court contributes to the adoption of a constitutional and balanced decision when checking the compliance of the law with the constitutional provisions. The legal position contained in the decision of the Constitutional Court of the Russian Federation becomes the basis for future legal regulation. It is a guideline in the legislative process and in the activities of all public authorities and local self-government. The methodological basis of the research is the dialectical method of scientific knowledge, as well as logical, historical, systemic methods. Of particular importance were the methods of analysis and synthesis. We applied a functional method to study the main directions for ensuring a reasonable balance of private (individual) and public interests. The study revealed that the legal positions of the Constitutional Court are based on the analysis of universal provisions that characterize the basic constitutional values. The Constitutional Court carries out a broad interpretation of the norms being checked, explaining to the law enforcer that their content is not limited to the literal meaning. In the scientific literature, the potential of the body of constitutional control has been understood in terms of reforming legislation and adjusting law enforcement practice, as well as features of the implementation of functions to ensure the constitutionality of all acts and actions. At the same time, the boundaries of the implementation of constitutional control practice do not allow going beyond the framework of legal protection and protection of the constitution, since in this activity the body of constitutional control is guided only by constitutional norms and determines the constitutionally permissible boundaries for the application of the verified normative legal acts.

History of establishment and features of constitutional control in Estonia

Ukraine has chosen for itself the European model of centralized constitutional control, which implies creation of a separate Constitutional Court to resolve cases on the constitutionality of laws and some other legal acts. Of course, this model is not unique is also not the only one in the organization of constitutional control among those used in Europe. One of the most attention-grabbing alternative options for the organization of constitutional control is the Estonian model - which, although it is similar to those countries where disputes about the constitutionality of laws are resolved by courts of general jurisdiction (or only by the Supreme Court), is nevertheless unique in many ways.
 The article examines the factors that influenced Estonia's development of its unique approach to the organization of constitutional control, as well as an analysis of the possibility and expediency of transferring this experience to countries with already existing constitutional control, where the Constitutional Court operates. In particular, to begin with, the history of the development of the judicial system in Estonia in the 20th century was considered. Immediately after this country gained independence, its first Constitution was adopted, which became the basis for the birth of constitutional control in Estonia. The article also examines the peculiarities of the procedure for reviewing constitutionality of laws in Estonia by courts of all levels (including the Supreme Court) under the current legislation.
 A separate subject of attention in the article is the discussion that has been going on for a long time in Estonia about the necessity and expediency of depriving the Supreme Court of its powers to exercise constitutional control with the formation of the Constitutional Court as a separate body. The key arguments put forward by both supporters and opponents of the changes have been considered.
 According to the results of the study, possible risks for the Supreme Court and the mandate of its judges, which may be accompanied by the transfer of the Estonian experience in the organization of constitutional control to countries where there is a separate Constitutional Court, are highlighted.
 The relevance of the study is due to the fact that despite the lively interest in the unique features of the organization of the Estonian judicial system, due to the language barrier, the question of the history of the formation of the Supreme Court of Estonia as a body of constitutional control escapes the attention of researchers.

О заподозренном в рамках оперативно- разыскной деятельности и его праве на адвоката

Actual exposure of a person in committing a crime begins to be carried out even before the appearance of the procedural status of a suspect or accused, including before the initiation of a criminal case. If in the course of the operational-search activity carried out before the initiation of a criminal case, results are obtained that expose a person in the commission of a crime, then later they can be legalized as evidence in an initiated criminal case and used to prosecute this person as a suspect, accused. In the domestic scientific literature, such a person who is actually exposed is proposed to be called “suspected”, “potential suspect”, “hidden suspect”; “person of operational interest”, “person under development”. An analysis of the decisions of the Constitutional Court of the Russian Federation allows us to establish that the figure of the suspect has long been known to the body of constitutional control, and in its practice the Court has repeatedly spoken about the possibility of involving such a person to participate in the operational-search activities of a lawyer. As a result, the author proposes to supplement the Law on Investigative Activities with definitions of the concepts of “suspected” and “operational prosecution”, as well as to fix the list of rights of a suspected person when he participates in operational-search activities, primarily the right to use the services of a lawyer.

Восстановление нарушенных прав граждан средствами конституционного правосудия: проблемы теории и практики

The article shows the specifics of restoring the rights of citizens violated by unconstitutional norms of legislation, by revising the judicial acts previously issued in relation to them under the influence of the adopted decision of the Constitutional Court of the Russian Federation. On the basis of a systematic study of the practice of the highest judicial body of constitutional control, the main ways of influencing its decisions on judicial law enforcement in order to restore the rights of citizens who applied to the Constitutional Court of the Russian Federation are considered. The possibilities of using the means of constitutional justice to restore the rights of persons who were not participants in constitutional proceedings are shown, which appeared as a result of the 2020 reform.

Constitutional judicial control as a means of directly ensuring the rights and freedoms of citizens

The article offered to the reader is devoted to the study of the institution of constitutional judicial control as a means of directly ensuring the rights and freedoms of citizens. The authors argue that the institution of specialized judicial control is an integral element in ensuring the balance of the branches of government, providing a system of checks and balances in a democratic state based on the rule of law, especially in the context of a “legal explosion” and active juridification of public relations. The latter necessitates the existence of an effective mechanism of constitutional and control activities for the observance of the rule of law, both the procedure for adopting normative legal acts, and the compliance of their provisions with the content of the Basic Law of the state in order to prevent violations of the rights and freedoms of man and citizen, as the main task of balanced activity of all branches of government. Combining normative control and “advisory” functions in their activities, as well as interpreting constitutional provisions, specialized bodies of constitutional control make decisions that, in fact, become the “standard” of law enforcement and fundamentally affect the legal policy of the state in the field of protecting human rights and freedoms and citizen. Special attention is paid to the empirical analysis of the resolutions of the supreme body of judicial constitutional control of the Russian Federation, as well as a number of foreign bodies of constitutional justice, in the field of protection and restoration of violated constitutional rights of citizens in the framework of the a posterior abstract and specific normative control, as well as a priori normative control, which is a novelty of domestic legislation.

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The article deals with the analysis of the views of constitutional state by the Ukrainian diaspora scientists in law in interwar period made basing on their scientific and theoretical heritage. The author reviews the diversity of these scientists� general and academic scientific outlook on constitutional state and shows the essence of legal organization, state making ideas and ways of their implementation in the future sovereign Ukraine build-up. The article also reveals the contents and characteristic features of their doctrines of the state build-up, in particular the views of the constitutional legislature�s role in it as well as such basic constitutional and legal institutions as the parliament, the government, courts and the body of constitutional control. A particular attention is paid to the constitutional and legal status of a man and a citizen, national minorities, the Ukrainian people as the only source of power in their state. Considering Ukraine�s state and legal reality it seems especially interesting and topical to have been traced the basic nature of unicameral and bicameral legislature, their distinctive features and political and legal efficacy as well as emphasizing the Prime Minister�s independence and the determination of the judges� specific status. Key words: constitutional state, Ukrainian diaspora, legal conceptions, branches of power, state system.

The powers of constitutional (statutory) councils of subjects of the Russian Federation as bodies of legal protection of the Basic Law

Constitutional (statutory) council is a new state body of federal subjects of Russia. The council is designed to replace the regional body of constitutional justice, abolished since 2023. At the same time, status of this new body is not detailed in the federal legislation, therefore, it gives rise to conflicting approaches in legal science. It is not clear whether the constitutional (statutory) council should (can) be a constitutional control body. Or it should be a supervisory body. It is not clear what set of powers the constitutional (statutory) council should have. The work uses historical and comparatively legal research methods. The authors study the experience of constitutional councils in republics of Yakutia, Bashkiria and Adygea. The conclusion is made about the main purpose of constitutional (statutory) councils: to ensure the supremacy and direct action of the Basic Law of the constituent entity of the Russian Federation and to exercise its legal protection. This implies the presence of powers: for normative control; on the interpretation of the constitution (charter) of the constituent entity of the Russian Federation; to resolve disputes between the highest authorities of the constituent entity of the Russian Federation. At the same time, an analysis of the laws on constitutional councils of subjects of the Russian Federation shows that they have the authority to exercise normative control in relation to all normative acts of a subject of the Russian Federation and local governments. However, they cannot deprive them of their legal force, since their decisions are advisory in nature. The right to interpret the Basic Law is granted to constitutional councils only in Yakutia and Bashkiria. The results of the interpretation are also advisory in nature, so the interpretation cannot be called an official interpretation (especially since the Constitutional Council of Bashkiria is preparing only a draft of such an interpretation). There is no power to resolve disputes in the laws on the status of constitutional councils in Yakutia, Bashkiria and Adygea. The conclusion is made about the ineffectiveness of the means of legal protection of the Basic Law available in the constituent entities of the Russian Federation. Mechanisms are proposed that will ensure the effectiveness of decisions of constitutional (statutory) councils. The right of constitutional councils to give an official normative interpretation of the Basic Law of a constituent entity of the Russian Federation is substantiated.

Орган конституционного контроля как субъект конституционализации уголовно-процессуального законодательства

The increasing influence of constitutional ideas and principles on the system of legal regulation, including the regulation of pre-trial and judicial stages of criminal proceedings, has had a serious impact on the emergence and development of the concept and practice of constitutionalizing the legal system in modern states. The same trend has also affected the sphere of criminal proceedings, since, firstly, it is objectified by the need to improve the system of protecting human and civil rights and freedoms. Secondly, this trend is due to the fact that the subjects of criminal proceedings involved in the criminal process, on the one hand, are protected by the rights that are established in constitutional norms and regulations, on the other hand, these rights may be restricted in cases provided for by law. Determination of the balance in this matter is provided by law enforcement agencies in the process of law enforcement activities. At the same time, when situations arise when there are doubts about the constitutionality of the norms of criminal procedure legislation, the Constitutional Court of the Republic of Kazakhstan has the last word in the dispute about the right, which expands the boundaries of constitutional legality through the adoption of regulatory decisions. In this aspect, the article analyzes the activity of the Constitutional Court of the Republic of Kazakhstan as one of the main subjects of the constitutionalizing the norms of criminal proceedings. The author of the article examines the work of the constitutional control body through the content of its normative resolutions, which are an important source of constitutionalizing criminal procedure law.

Aspects of taking into account foreign experience in the formation of bodies of constitutional jurisdiction in Ukraine

The publication examines the formation of the judiciary of constitutional jurisdiction both in Ukraine and abroad. Different approaches to the formation of the composition of constitutional review bodies are analyzed, historical, economic, political and niche factors that determined a certain order of formation of such bodies are identified. The important role of the peculiarities of the formation of the composition of the bodies of constitutional jurisdiction in ensuring the independence of this body and in ensuring the proper legal protection of the constitution is noted. It is noted that the analysis of foreign experience in this issue is an impetus to expand scientific and expert discussion in this direction in order to find the best ways to overcome the problem of quality formation of the Constitutional Court of Ukraine, given the established successful practices of foreign countries.
 It is established that the role and importance of the body of constitutional justice in society and the legal and political system of a modern constitutional, democratic state is extremely important. The Constitutional Court, as a body of constitutional control, occupies an important place in the mechanism of legitimation of state power, as it is designed to protect the constitutionally enshrined sovereignty of the people from illegal actions and decisions of public authorities. To this end, the Court must act as an unconditional authoritative body of state power, endowed not only with the right but also with a real opportunity to take measures aimed at protecting the Constitution. One of the important elements of ensuring this status is the proper and high-quality staffing of the Court with highly professional staff, which is primarily related to the processes of forming the CCU.
 However, as noted in the scientific and expert community, even in those European countries where the so- called mixed principle of forming a body of constitutional jurisdiction (as in Ukraine), no universal approach is used to appoint judges of the constitutional court, as each state regulates this issue. in his own way. Therefore, proposals are made, in particular, given the peculiarities of our political system and incomplete judicial reform, it would be appropriate to exclude the Congress of Judges from among the entities authorized to form the Constitutional Court of Ukraine (let’s not forget that this requires changes to Of the Constitution), and to entrust the procedure of selection of CCU judges to the relevant commission, the members of which would be nominated by both national and international experts. Resolving these issues is extremely important, and therefore is an impetus to expand scientific and expert discussion in this direction in order to find the best ways to overcome the problem of quality formation of the Constitutional Court of Ukraine, given the established successful practices of foreign countries.

Transformation of the Status of the Constitutional Court: Search for a New One or Return to the Past?

2020 was the year of a major constitutional reform in Russia, which affected various aspects of the state structure. The Constitutional Court of Russia was no exception. The Russian Constitution has been amended to change the composition, powers, principles and guarantees of the Constitutional Court of the Russian Federation. These amendments have been concretized and significantly deepened by the amendments to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. This article attempts to analyze the constitutional and legislative changes in the status of the Constitutional Court and determine whether the new regulation is completely new or whether it continues and consolidates the already established trends in the development of the Court, and, possibly, returns the Constitutional Court to its origins. In the course of the study, methods of formal legal analysis were applied, as well as elements of historical and legal analysis. The main result of the study was the conclusion that the reform of 2020 consolidated and continued trends noticeable over several years in the practice of the Constitutional Court, namely, the strengthening of the Court in the system of public authorities, a decrease in the composition, a decrease in publicity and openness, as well as the formalization of the process. Positive innovations should be considered the constitutional consolidation of the Constitutional Court as the highest judicial body of constitutional control, the expansion of the subjects of complaints about the violation of constitutional rights and freedoms, the constitutional consolidation of the status of interpretations in the decisions of the Court and the legislative consolidation of the foundations of the mechanism for systematic execution of decisions. At the same time, the reduction of the composition, the transformation of the Court’s powers into the sphere of preliminary control, the reduction of guarantees of the independence of the Court and constitutional judges, and the strengthening of written procedures appear to be controversial and undesirable. In general, the constitutional and legal status of the Court has not under gone significant cardinal changes in the course of the reform and is, perhaps, not the beginning, but the result of there forms taking place since 2009.

Retracted: The constitutional court as a subject of the political process

AbstractThe article presents a study of the special powers of the Constitutional Court of Bosnia and Herzegovina, reflecting the specifics of the state structure. The Constitutional Court of Bosnia has certain powers that can determine the specifics of the legal nature of this state. Leading in this study is the method of systems analysis, which allowed the author to analyze the degree of participation of the constitutional control body in ensuring the continuity of the law‐making process. As a result of the study, it was revealed that the implementation of the constitutional project is associated with ensuring the parity of interests of constitutive peoples and making the state mechanism provided in the constitution effective. Analyzing the institution of protection of vital interests in Bosnia and Herzegovina, the author concludes that the Constitutional Court of Bosnia and Herzegovina significantly influenced the change in the structure and content of this institution in the studied state.Related ArticlesNwokora, Zim, and Riccardo Pelizzo. 2015. “The Political Consequences of Party System Change.” Politics & Policy 43(4): 453–73. https://doi.org/10.1111/polp.12124/.Sevin, Efe. 2017. “A Multilayered Approach to Public Diplomacy Evaluation: Pathways of Connection.” Politics & Policy 45(5): 879–901. https://doi.org/10.1111/polp.12227.Skoog, Louise. 2021. “Where Did the Party Conflicts Go? How Horizontal Specialization in Political Systems Affects Party Conflicts.” Politics & Policy 49(2): 390–413. https://doi.org/10.1111/polp.12397.

Influence of the Constitutional Court on the transformation of vital national interests of Bosnia and Herzegovina

ABSTRACT The presented research is relevant, as the Constitutional Court of Bosnia has certain extremely specific powers that can determine the specifics of the legal nature of this state. The purpose of the article is to study of the influence of the Constitutional Court on the vital national interests of Bosnia and Herzegovina (BiH). Within the framework of this study, a set of methods was used, the central of which was the method of systems analysis, which allowed the author to analyse the degree of participation of the constitutional control body in ensuring the stability of the law-making process. It was revealed that the implementation of the constitutional project is associated with ensuring the parity of interests of constitutive peoples and making the state mechanism provided in the Constitution effective. It was concluded that the Constitutional Court significantly influenced the change in the structure and content of the institution of protection of vital interests in Bosnia and Herzegovina.

Prosecutorial activity in the light of additional guarantees of proper execution at the federal level of decisions of the Constitutional Court of the Russian Federation

The article considers the prosecutor's activity in the context of the proper execution at the federal level of decisions of the Constitutional Court of the Russian Federation (the highest judicial body of constitutional control), taking into account additional guarantees established by the legislator. Ensuring that law enforcement agencies take into account the positions of the supreme judicial body of constitutional control within the framework of the current legal system is a necessary element of maintaining the rule of law and order in the country. A special role in this process is assigned to the Prosecutor General's Office of the Russian Federation, which interacts with the Constitutional Court of the Russian Federation within its competence, can inform the President of the Russian Federation in appropriate cases, and also applies response measures against supervised federal state authorities. The author also analyzes the reasons for the improper execution of decisions of the supreme judicial body of constitutional control, which are highlighted in scientific publications on this issue.

Hans Kelsen's Normative Theory as a Basis for Understanding the Legal Nature of the Constitutional Court Acts

The paper is devoted to certain provisions of the Hans Kelsen’s pure doctrine of law (normativism). Based on an analysis of legal and doctrinal sources, the author attempts to find the most accurate concept for the status of decisions of the constitutional court as a judicial body of constitutional control. The identification of the theoretical foundations for a clear definition of the boundary between rule making and law enforcement is one of the most important problems of law. The situation of the constitutional control bodies is of particular interest. The status of the constitutional court as a judicial body of constitutional control implies that its acts are generally binding on the entire territory of the state. The question of the legal nature of these decisions, which in Russian science initially belonged to the number of debatable ones, deserves attention. Longterm disputes, however, have not yielded positive results; have not revealed the fundamental foundations on which it would be possible to develop the doctrine of the guarantees of the constitution. Thus, the decisions of the constitutional court are equated with both law enforcement acts and sources of law that exist in the form of a precedent or even in the form of a special normative act.