Open AccessResolution of Cases in the Constitutional Court of the Russian Federation without a Hearing: History, Problems, Tendencies
Author(s) -
Oleg V. Brezhnev,
AUTHOR_ID
Publication year - 2021
Publication title -
administrator suda
Language(s) - English
Resource type - Journals
ISSN - 2072-3636
DOI - 10.18572/2072-3636-2021-2-42-46
Subject(s) - constitutionality , constitutional court , russian federation , legislature , law , political science , presentation (obstetrics) , institution , position (finance) , sociology , constitution , business , medicine , finance , regional science , radiology
The article reveals the legal nature of resolving cases without holding a hearing (written proceedings) as an organizational form of Russian constitutional legal proceedings. The main stages in the development of legislative regulation of this form of legal proceedings, as well as the trends inherent in each of these stages, are shown: from the use of the written form solely for checking the constitutionality of norms similar to those previously recognized as unconstitutional, to its wider use when, in the opinion of the Constitutional Court of the Russian Federation, there is no need for an oral presentation of the party’s position. The existing gaps and contradictions in the regulation of this institution of constitutional proceedings have been studied.