DECISIONS OF CONSTITUTIONAL JUSTICE BODIES OF THE RUSSIAN FEDERATION: LEGAL RULE OR FORMALITY

Mohd Kipli Bin Abdul Rahman

Marina A. Mokoseeva¹, Oleg A. Sidorov²
Asst. Prof., Mari State University, Russia, pvl_mksv@mail.ru
Asst. Prof., Mari State University, Russia, sidoleg@mail.ru

Abstract
The problem of execution of acts pronounced by constitutional justice bodies in Russia was raised even before the adoption of the Russian Constitution, since 1992, when the Republic of Tatarstan did not implement Resolution of the Constitutional Court of the Russian Federation No. P-RZ-I dated 13 March 1992. One can provide numerous examples of complete and timely execution of decisions of constitutional justice bodies; however, there are instances when such decisions are ignored, when their implementation is unjustifiably delayed or when the efforts to nullify their legal force are taken through the adoption of rules similar to those that were held unconstitutional. The author of this article analyses the reasons of non-implementation of constitutional review acts and proposes different solutions to this problem. The author discusses the notion and legal nature of legal positions of the Russian Constitutional Court, their correlation with decisions of the Constitutional Court and the lack of a precise mechanism for their implementation in the course of law-making and law enforcement practices. The author examines different kinds of liability imposed for non-implementation of decisions of constitutional justice bodies and proposes establishing preliminary constitutional review and administrative liability. In doing that, the author examines foreign experience of the Republic of Kazakhstan, the Republic of Belarus, the Republic of Kosovo, the Republic of Albania, and the FRG. In conclusion, the author proposes certain options for improving Russian legislation, which include, inter alia, the adoption of a law on regulatory legal acts in the Russian Federation.

The method of analysis and the method of comparison were the main scientific methods of research used. They allowed the author to highlight similarities and differences between legal rules and decisions of constitutional justice bodies, and to formulate concrete theoretical and practical conclusions and proposals necessary for further development of the Russian legal system.

Keywords: court decisions, constitutional court, constitutional justice, constitutional review, legal rule, improvement of legislation, constitutional law.