SHS Web Conf.
Volume 55, 2018International Conference on Advanced Studies in Social Sciences and Humanities in the Post-Soviet Era (ICPSE 2018)
|Number of page(s)||4|
|Section||The Era of Transformations: Society, Law, Politics, and Communication|
|Published online||14 November 2018|
The category of certainty of the Constitutional Court of the Russian Federation’s judgments as a legal standard for the implementation of its decisions by the courts
Moscow Aviation Institute, 125993, 4 Volokolamsk Highway, Moscow, Russia
* Corresponding author: GvozdezkiyD@yandex.ru
This article analyzes the problems of the category of certainty of the decisions of the Constitutional Court of the Russian Federation in the judicial enforcement practice of courts of general and arbitration jurisdiction. The key role played by the Constitutional Court in ensuring the direct action of the “living” Constitution of the Russian Federation in the work of the courts is substantiated. The certainty and uncertainty of the implementation of the judgments of the Constitutional Court as the paired legal categories in judicial law enforcement practice are analyzed. Their content side is disclosed. It is noted that the failure to comply with the requirements of the category of certainty of the decisions of the Constitutional Court leads to ambiguity, incorrectness, and also complicates the process of their implementation by judicial instances. Taking into account the foregoing, the regulation of relations is not based on the uniform practice of law enforcement that entails a violation of rights and legitimate interests of specific applicants and an indefinite number of persons. It is also explained in the paper that in the judicial law enforcement practice, the main task of constitutional law is the certainty of the text of decisions of the Constitutional Court. Theoretical problems in the sphere of the domestic constitutional justice, which are of theoretical and practical importance for ensuring the unity and consistency of judicial enforcement practice, have been developed. Conclusions referring to the problem under study are drawn and suggestions are made.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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