Aktualʹnye Problemy Èkonomiki i Prava (Sep 2015)

On the issue of similarities and differences between the legal position and the decision of the Russian constitutional court

  • Marina Aleksandrovna Mokoseyeva

DOI
https://doi.org/10.21202/1993-047x.09.2015.3.128-133
Journal volume & issue
Vol. 9, no. 3
pp. 128 – 133

Abstract

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Objective to determine the differences between the legal position and the decision of the constitutional justice authority to identify the essence of the legal positions of the constitutional control bodies as a complex legal phenomenon and its impact on the legal system of the Russian Federation. Methods scientific analysis analysis of theoretical sources synthesis method systemicstructural generalization of materials on the theme studied structuralfunctional historical specific scientific methods technolegal comparative legal formal legal. Results the article defines the concept of the legal position of the Russian constitutional court the characteristics and essence of the phenomenon we study the formation of the legal positions of the Russian constitutional court. Scientific novelty to date in the legal literature there is no consensus on the concept and juridical nature of the legal positions of the Russian constitutional court their correlation with the decision of the specified authority. The author reveals the essence of the legal positions of the constitutional controlbodies as a complex legal phenomenon and its impact on the Russian legal system highlights the similarities and differences between the legal position and the decision of the constitutional justice. Practical significance the theoretical and practical proposals of the author may be used in the improvement of the Russian legislation as well as in lectures and workshops on the subjects related to the research topic. nbsp