Abstract:
: This article discusses topics such as the legal foundations for the establishment of the Constitutional Court of the Russian Federation, the duties and powers of the said court in the field of protecting the fundamental rights and freedoms of citizens, as well as the problems that this court faces in achieving its true position. Using a combined approach and citing rulings issued by the said court, the author seeks to obtain a clear understanding and image regarding the various dimensions of the role and importance of the Constitutional Court in the current constitutional system of Russia.
Machine summary:
Vitruk** Translation by: Javad Karzarai*** Abstract: This article discusses topics such as the legal foundations for the establishment of the Constitutional Court of the Russian Federation, the duties and powers of the said court in the field of protecting the fundamental rights and freedoms of citizens, and also the problems that this court faces in reaching its true position.
According to paragraph 4 of Article 125 of the Constitution of the Russian Federation, as soon as the Constitutional Court receives a complaint regarding the violation of the fundamental rights and freedoms of citizens, it examines the law applied or to be applied in a specific case for its compliance with the constitution according to the procedure established by federal law.
According to the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court examined 7 cases in 1995 regarding allegations of violation of the fundamental rights and freedoms of citizens by law; five complaints were filed by natural persons, one by a labor union, and another by a local court.
The ruling of the Constitutional Court confirmed that the order of the said government violated a set of fundamental rights and freedoms, and emphasized that especially "in accordance with Articles 52 and 53 of the Russian Federation and the International Covenant on Civil and Political Rights (Article 2, paragraph 3), effective tools must be prepared and provided for the legal protection of citizens against all encroachments, crimes, and abuse of power, and for the compensation of victims for any damage they have suffered.
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