Open AccessTHE MANIFESTATION OF THE IDEA OF CONSTITUTIONALISM IN THE ACTIVITIES OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION DOES NOT EXCLUDE THE LEGAL UNCERTAINTY OF ITS DECISIONS
Author(s) -
С. М. Даровских
Publication year - 2020
Publication title -
problemy prava
Language(s) - English
Resource type - Journals
ISSN - 2075-7913
DOI - 10.14529/pro-prava200218
Subject(s) - constitutionality , constitutional court , law , russian federation , political science , criminal code , complaint , legislature , constitutionalism , standard of review , criminal procedure , constitution , judicial review , criminal law , sociology , democracy , regional science , politics
The article, along with the positive influence of the legal positions formulated by the Constitutional Court of the Russian Federation in its Decisions and Definitions on law enforcement practice and legislative activity, considers the reasons for the creation of these legal positions, legal uncertainty that negatively affects the activities of participants in criminal proceedings. The author refers to the Resolution of the Constitutional Court of the Russian Federation of July 16, 2015 No. 23-P «In the case of the verification of the constitutionality of the provisions of parts 3-7 of article 109 and part 3 of article 237 of the Code of Criminal Procedure in connection with the complaint of gr. S.V. Makhina» and the legal positions formulated by this court in other decisions regarding the possibility of increasing the maximum permissible period of detention specified in Article 109 of the Code of Criminal Procedure of the Russian Federation, concludes that with these decisions the possibility of taking into account the maximum period of detention is practically leveled