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title two. General rules of proceedings in the Constitutional Court of the Russian Federation

 

Chapter IV Principles of the Constitutional Judicial Proceedings

 

Article 29. Independence

The Judges of the Constitutional Court of the Russian Federation shall be independent and while exercising their powers shall be guided solely by the Constitution of the Russian Federation and the present Federal Constitutional Law.

In their activity the Judges of the Constitutional Court of the Russian Federation shall act in their personal capacity and shall not represent any state or social bodies, political parties and movements, state, social, other enterprises, agencies and organizations, officials, state and territorial establishments, nations, societal groups.

The decisions and other acts of the Constitutional Court of the Russian Federation shall express the legal position of the Judges corresponding to the Constitution of the Russian Federation and free from political bias.

The Judges of the Constitutional Court of the Russian Federation shall pass decisions under conditions exclusive of any outside influence upon free expression of their will. They may not communicate inquiries to, or receive instructions from anyone pertaining to the questions admitted for the preliminary review or that are being considered by the Constitutional Court of the Russian Federation.

Any interference with the functioning of the Constitutional Court of the Russian Federation shall be prohibited and shall entail responsibility under the law.

 

Article 30. Collegiality

The Constitutional Court of the Russian Federation shall consider cases and questions and take decisions on them collegially. The decision shall be taken only by those Judges who participated in consideration of the case in the court session.

The Constitutional Court of the Russian Federation shall have authority to take decisions in sessions provided no fewer than two thirds of the number of acting Judges are present.

The Judges who are excluded from consideration of the case and whose powers are suspended shall not be taken into account when determining the quorum.

 

Article 31. Openness

Consideration of cases assigned for hearing in the session of the Constitutional Court of the Russian Federation shall be open. The holding of sessions in camera shall only be permitted if stipulated by the present Federal Constitutional Law. Decisions taken both in open sessions and in sessions in camera shall be pronounced publicly.

 

Article 32. Oral Hearings

The hearings in the sessions of the Constitutional Court of the Russian Federation shall be oral. In the course of oral hearings the Constitutional Court of the Russian Federation shall hear explanations of the parties, testimonies of experts and witnesses, read out available documents.

The documents that were submitted to the Judges and the parties for familiarization, or the contents of which were stated in the hearings on that particular case need not be read out in the session of the Constitutional Court of the Russian Federation.

 

Article 33. Language of the Constitutional Judicial Proceedings

The judicial proceedings in the Constitutional Court of the Russian Federation shall be conducted in the Russian language.

The participants in the proceedings not conversant with the Russian language shall be entitled to plead in another language and to use the services of an interpreter.

 

Article 34. Continuity of Court Session

The session of the Constitutional Court of Russian Federation on every case shall be continuous, excluding time reserved for rest or required to prepare the participants in the proceedings for further hearings, as well as for the removal of the circumstances hampering the normal course of the session.

Sections Two to Four - Repealed

 

Article 35. Adversary Proceedings and Equality of Arms

The parties shall enjoy equal rights and opportunities while asserting their positions in the session of the Constitutional Court of the Russian Federation on the adversarial basis, as well as when cases are considered by the Constitutional Court of the Russian Federation in the procedure stipulated by Article 471 of the present Federal Constitutional Law.

 

 

Chapter V Petition to the Constitutional Court of the Russian Federation

 

Article 36. Reasons and Grounds for Consideration of a Case in the Constitutional Court of the Russian Federation

The reason for the consideration of a case in the Constitutional Court of the Russian Federation shall be a petition to the Constitutional Court of the Russian Federation made in the form of a request, application or complaint meeting the requirements of the present Federal Constitutional Law.

The ground for consideration of a case shall be the discovery of an uncertainty in the question whether a law, other enactment, a treaty between bodies of State Power, an international treaty pending its entry into force, are compatible with the Constitution of the Russian Federation, or the discovery of a contradiction in the positions of the parties on the possession of the authority in the disputes concerning competence, or the discovery of an uncertainty in the understanding of the provisions of the Constitution of the Russian Federation, or the State Duma charging the President of the Russian Federation with high treason or with commission of other grave offense.

 

Article 37. General Requirements to the Petition

The petition shall be communicated to the Constitutional Court of the Russian Federation in writing and shall be signed by an authorized person (authorized persons).

The petition shall indicate:

1) the Constitutional Court of the Russian Federation as the body to which the petition is communicated;

2) the designation of the petitioner (in a complaint of a citizen - his full name): the address and other data about the petitioner;

3) required details about the representative of the petitioner and his powers except for ex officio representation;

4) the designation and the address of the state body which issued the act to be verified or which is a party to the dispute about competence;

5) the provisions of the Constitution of the Russian Federation and the present Federal Constitutional Law which entitle to petition the Constitutional Court of the Russian Federation;

6) the exact name, number, date of adoption, source of publication, and other details about the act to be verified or the provision of the Constitution of the Russian Federation subject to interpretation;

7) specific grounds, provided for by the present Federal Constitutional Law for the consideration of the petition by the Constitutional Court of the Russian Federation;

8) the position of the petitioner on the question raised by him and its legal substantiation with reference to the relevant norms of the Constitution of the Russian Federation;

9) the demand addressed to the Constitutional Court of the Russian Federation in connection with the request, application or complaint;

10) the list of documents enclosed with the petition.

 

Article 38. Documents enclosed with the Petition

Enclosed with the petition to the Constitutional Court of the Russian Federation shall be:

1) the text of the act to be verified or the provisions of the Constitution of the Russian Federation to be interpreted;

2) the power of attorney or other document confirming the powers of the representative except ex officio representation, as well as copies of the documents confirming the right of an individual to act in the Constitutional Court of the Russian Federation as a representative;

3) the document confirming payment of the state fee;

4) the translation into the Russian language of all the documents and other materials written in a different language.

Enclosed with the petition may be the lists of witnesses and experts to be summoned to the session of the Constitutional Court of the Russian Federation, as well as other documents and materials.

The petition and the documents and other materials enclosed with it as required by Section One of the present Article shall be communicated to the Constitutional Court of the Russian Federation with one copy.

 

Article 39. State Fee

Grounds and procedure of charging the state fee for the petition to the Constitutional Court of the Russian Federation, refund or credit of the state fee and granting of privileges on charging the state fee shall be established in accordance with the legislation on taxes and duties with account of specificities envisaged by the present Federal Constitutional Law.

The Constitutional Court of the Russian Federation may exempt a citizen from paying the state fee or reduce the fee given his material standing.

The requests of courts, the requests for the interpretation of the Constitution of the Russian Federation, the applications of the President of the Russian Federation concerning the disputes about competence when he is not a party to these disputes, the requests for an advisory opinion on the observance of a prescribed procedure for charging the President of the Russian Federation with high treason or with commission of other grave offense, shall not be subject to state fee.

The state fee shall be refunded if the petition is not admitted for consideration, or if the proceeding on the case is discontinued.

 

 

Chapter VI Preliminary Consideration of Petitions

 

Article 40. Consideration of Petitions by the Secretariat of the Constitutional Court of the Russian Federation

Petitions communicated to the Constitutional Court of the Russian Federation shall be subject to compulsory registration.

In the event that the petition:

1) is manifestly beyond the jurisdiction of the Constitutional Court of the Russian Federation;

2) does not meet in its form the requirements of the present Federal Constitutional Law;

3) originates from an inappropriate body or person;

4) has not been paid for by the state fee, unless stipulated otherwise by the present Federal Constitutional Law;

5) cannot be recognized as admissible in connection with the expiry by the moment of lodging an individual or collective complaint against violation of constitutional rights and freedoms by a law of the term from the day of completion of consideration in court of a concrete case in which the contested law has been applied, envisaged by Article 97 of the present Federal Constitutional Law,

the Secretariat of the Constitutional Court of the Russian Federation shall notify the petitioner that his petition does not meet the requirements of the present Federal Constitutional Law. The petitioner shall be entitled to demand that the Constitutional Court of the Russian Federation take a decision on this question.

Once the deficiencies indicated in Paragraphs 2 and 3 of Section Two of the present Article have been removed, the petitioner shall be entitled to re-submit his petition to the Constitutional Court of the Russian Federation

In the event that the petition is manifestly beyond the jurisdiction of the Constitutional Court of the Russian Federation, the Secretariat of the Constitutional Court of the Russian Federation may refer it to the state bodies or organizations which are competent to resolve questions raised in it.

 

Article 41. Preliminary Review of Petition by Judges of the Constitutional Court of the Russian Federation

The President of the Constitutional Court of the Russian Federation under the procedure prescribed by the Constitutional Court of the Russian Federation shall assign one or several Judges to preliminary review of the petition. The preliminary review of the petition by the Judge (Judges) shall be a compulsory stage of the proceedings in the Constitutional Court of the Russian Federation.

The finding of the Judge (Judges) of the Constitutional Court of the Russian Federation on the results of the preliminary review of the petition shall be reported at the session of the Constitutional Court of the Russian Federation.

 

Article 42. Admission of Petition for Consideration

The decision on the question of admission of the petition for consideration shall be taken by the Constitutional Court of the Russian Federation in session in no event later than three months from the moment of registration of the petition.

The parties shall be notified of the decision taken by the Constitutional Court of the Russian Federation.

In the event of urgency the Constitutional Court of the Russian Federation may propose to the respective bodies and officials that they suspend the challenged act, the process of entry of the challenged international treaty of the Russian Federation into force until the Constitutional Court of the Russian Federation has completed the consideration of the case.

 

Article 43. Dismissal of Petition

The Constitutional Court of the Russian Federation shall take a decision to dismiss the petition in the events where:

1) resolution of the question raised in the petition is beyond the jurisdiction of the Constitutional Court of the Russian Federation;

2) in accordance with the requirements of the present Federal Constitutional Law the petition is inadmissible;

3) the Constitutional Court of the Russian Federation has issued a judgment on the subject matter of the petition, that judgment retaining its force, when the petition has been sent in accordance with Section 1 of Article 85 or Section 2 of Article 101 of the present Federal Constitutional Law in connection with adoption of the decision by an inter-State body for the protection of human rights and freedoms;

4) the act whose constitutionality is being contested was abrogated or lost force, with the exception of cases when it continues to be applied to legal relations having arisen during its operation.          

 

Section 2 lost force.

 

Article 44. Withdrawal of Petition

The petition to the Constitutional Court of the Russian Federation may be withdrawn by the petitioner prior to the commencement of the consideration of the case in the session of the Constitutional Court of the Russian Federation. In case of withdrawal of the petition consideration of the case shall be discontinued.

 

Chapter VII General Procedural Provisions of Consideration of Cases in the Constitutional Court of the Russian Federation

 

Article 45. Convocation of Sessions

The sessions of the Constitutional Court of the Russian Federation shall be convoked by the President of the Constitutional Court of the Russian Federation.

 

Article 46. – Repealed

 

Article 47. Assigning Cases for Hearing

The decision on assigning cases for hearing in the session of the Constitutional Court of the Russian Federation shall be taken by the Constitutional Court of the Russian Federation in no event later than one month after the admission of the petition for consideration. The decision shall indicate the sequence in which cases are to be heard.

 

Article 471. Resolution of Cases without Holding of Hearings

The Constitutional Court of the Russian Federation may consider and decide cases on conformity to the Constitution of the Russian Federation of normative legal acts indicated in Item 1 of Section 1 of Article 3 of the present Federal Constitutional Law, verify upon complaint against violation of constitutional rights and freedoms of citizens constitutionality of a law applied in a concrete case, or verify upon request of a court constitutionality of a law subject to application in a concrete case without holding of hearings, if it comes to the conclusion that the question of constitutionality of a normative legal act can be resolved on the basis of legal positions contained in Judgments of the Constitutional Court of the Russian Federation adopted earlier and that holding of hearings is not necessary for ensuring of rights of the petitioner – citizen or association of citizens.

Application with objection against application of the procedure of resolution of a case without holding of hearings may be forwarded by a body of State power in the event when hearing of a case is contemplated on conformity to the Constitution of the Russian Federation of a normative legal act, adopted by the respective body of State power, or a petitioner.

Resolution of a case without holding of hearings shall be exercised in the session of the Constitution Court of the Russian Federation. On the outcome of the resolution of the case without holding of hearings a judgment shall be passed.

At the resolution of a case without holding of hearings the provisions of Articles 48 – 53 of the present Federal Constitutional Law shall be applied, with the exception of the provisions whose application is possible exclusively at oral consideration with holding of hearings.

Should the Constitutional Court of the Russian Federation intend to resolve the case on the conformity with the Constitution of the Russian Federation of the normative legal acts indicated in Paragraph 1 of Section One of Article 3 of the present Federal Constitutional Law, to verify, upon complaint about violation of constitutional rights and freedoms of citizens, constitutionality of a law that has been applied in a specific case, or to verify, at a request of a court, constitutionality of a law that ought to be applied in a specific case without holding a hearing, copies of the petition and of the documents and materials enclosed therewith shall be forwarded by the Judge Rapporteur to the body which issued (to the official who signed) the challenged act for submission of a written response to the Constitutional Court of the Russian Federation. The response submitted to the Constitutional Court of the Russian Federation shall be forwarded to the petitioner for familiarization and submission of objections to it.

 

Article 48. Joinder of Cases

The consideration of each case shall be the subject of a special session. The Constitutional Court of the Russian Federation may join in single proceeding petitions pertaining to one and the same subject.

 

Article 49. Preparation of Case for Hearing

To prepare the case for hearing, to draw up a draft decision of the Constitutional Court of the Russian Federation, as well as to present case materials in the session, the Constitutional Court of the Russian Federation shall appoint one or several Judges Rapporteurs.

While reviewing the petition and preparing the case for hearing the Judge Rapporteur shall demand, within the powers of the Constitutional Court of the Russian Federation, the necessary documents and other materials, order examinations, studies, expert findings, shall consult specialists, submit inquiries. The Judge Rapporteur and the Judge presiding in the session shall define the range of persons to be invited and summoned to the session, shall issue directives providing for the notification of the venue and the time of the session and for the communication of the necessary materials to the participants in the proceedings.

 

Article 50. Demands of the Constitutional Court of the Russian Federation

Demands of the Constitutional Court of the Russian Federation for the production of texts of enactments and other legal acts, documents and their copies, case files, information and other materials; for certification of documents and texts of enactments; for examinations, studies and expert findings; for establishment of certain circumstances; for specialists to be involved; for explanations, consultations to be provided and for professional opinions on the cases under consideration to be stated, shall be binding for all bodies, organizations and persons to whom they may be addressed. The demands of the Constitutional Court of the Russian Federation shall be considered and the reply on the results of such consideration shall be communicated to the Constitutional Court of the Russian Federation in no event later than one month after the receipt of the aforementioned demands, unless the Constitutional Court of the Russian Federation specifies other time.

Expenses related to execution by the state bodies and organizations of demands of the Constitutional Court of the Russian Federation shall be borne by those bodies and organizations. Expenses incurred by other organizations and persons shall be reimbursed from the federal budget as prescribed by the Government of the Russian Federation.

Refusal or evasion from consideration or execution, breach of time limits for consideration or execution, non-execution or improper execution of demands of the Constitutional Court of the Russian Federation as well as deception shall entail the responsibility under the legislation of the Russian Federation.

 

Article 51. Distribution of Materials. Notification of a Session

Notification of a session of the Constitutional Court of Russian Federation, copies of petitions and responses received thereto, copies of the acts being verified, and, if necessary, other documents shall be communicated to the Judges and the parties to the proceedings in no event later than ten days prior to the commencement of the session. Responses to the petitions shall be communicated within this period only if they have arrived no later than two weeks prior to the commencement of the session.

The announcements of the sessions of the Constitutional Court of the Russian Federation shall be posted at locations on its premises accessible to citizens, as well as made through mass media.

 

Article 52. Participants in Proceedings

The participants in the proceedings in the Constitutional Court of the Russian Federation shall be the parties, their representatives, witnesses, experts, interpreters.

 

Article 53. Parties and their Representatives

The parties in the constitutional judicial proceedings shall be:

1) petitioners - bodies or persons that have petitioned the Constitutional Court of the Russian Federation;

2) bodies or officials that have issued or signed the act, the constitutionality of which is to be verified;

3) state bodies the competence of which is being contested.

The following may act as representatives of parties ex officio: the head of the body who signed the petition to the Constitutional Court of Russian Federation, the head of the body which issued the challenged act or which is a party to the dispute about competence, the official who signed the challenged act, any member (deputy) of the Federation Council or deputy of the State Duma from among those who made the inquiry. The parties may also be represented by advocates or persons with an academic degree in law, whose powers are confirmed by relevant documents. Each party may have no more than three representatives.

The parties shall have equal procedural rights. The parties and their representatives shall have the right to familiarize themselves with the materials in the case, state their position on the case, pose questions to other participants in the proceedings, submit motions, including those to recuse a Judge. The party may submit written responses to the petition which shall be appended to the materials in the case, may acquaint itself with responses of the other party.

The parties and their representatives, when summoned by the Constitutional Court of the Russian Federation, shall appear before it, plead and answer questions. Failure of the party or its representative to appear in the session of the Constitutional Court of the Russian Federation shall not prevent the consideration of the case, unless the party applies for the case to be considered in its presence and certifies valid reason for its absence.

 

Article 54. Open Sessions

The sessions of the Constitutional Court of the Russian Federation shall be open unless stipulated otherwise by the present Federal Constitutional Law. Those present shall have the right to record the course of the session from their seats. Taking of motion or still pictures, video-taping, live radio or television broadcasting of the session shall be permitted with the leave granted by the Constitutional Court of the Russian Federation.

With a view to ensuring safety of those present in the session of the Constitutional Court of the Russian Federation the President of the Constitutional Court of the Russian Federation with the consent of the Constitutional Court of the Russian Federation may order to inspect persons willing to attend the session, including checking of the identification documents, as well as the search of items brought to the courtroom and personal search.

Those present in the courtroom shall treat with due respect the Constitutional Court of the Russian Federation and its rules and procedures, obey the directives of the Presiding Judge to observe the schedule of the session.

The order in the session of the Constitutional Court of the Russian Federation shall be maintained by bailiffs whose demands shall be binding on all those present.

An individual who breaks the order in the session or fails to obey the lawful directives of the Presiding Judge may be removed from the courtroom after warning. The Presiding Judge may, with the consent of the Constitutional Court of the Russian Federation, remove the public after warning if it has broken the order and thereby violated the normal course of the session.

The Constitutional Court of the Russian Federation may impose a fine equaling up to one thousand Rubles upon a person breaking the order or not obeying the lawful orders of the Presiding Judge.

 

Article 55. Session In Camera

The Constitutional Court of the Russian Federation shall schedule a session in camera when it is necessary to preserve secrets protected by law, to ensure safety of citizens, to protect social moral.

The session in camera may be attended by the Judges of the Constitutional Court of the Russian Federation, parties and their representatives. The possibility of attendance by other participants in the proceedings and by members of the Secretariat of the Constitutional Court of Russian Federation who directly ensure the normal course of a session shall be decided by the Presiding Judge in coordination with the Judges.

In the session in camera cases shall be considered in accordance with the general rules of constitutional judicial proceedings.

 

Article 56. Exclusion of the Judge from Participation in the Consideration of a Case

The Judge of the Constitutional Court of the Russian Federation shall be excluded from participation in the consideration of a case if:

1) previously the Judge by virtue of his official position was involved in adoption of the act under consideration;

2) objectivity of the Judge in deciding the case may be questioned due to his ties by blood or by marriage to the representatives of the parties.

Under the circumstances provided for in Section One of the present Article the Judge of the Constitutional Court of the Russian Federation shall recuse himself before the hearing of the case begins.

The exclusion of the Judge of the Constitutional Court of the Russian Federation from the participation in the hearing of the case shall be done by the motivated decision of the Constitutional Court of the Russian Federation taken by the majority of the Judges present after hearing the Judge whose dismissal is to be decided upon.

 

Article 57. Session Schedule

At the appointed time the Presiding Judge, having certified the presence of a quorum, shall open the session of the Constitutional Court of Russian Federation and announce which case is due to be considered.

The Presiding Judge shall certify the presence of the participants in the proceedings and verify the credentials of the representatives of the parties. If any of the participants in the proceedings fail to appear or if the representative of the party lacks proper authority, the presiding Judge shall raise the question of the possibility of consideration of the case. If the Constitutional Court of the Russian Federation recognizes that the case cannot be considered, it shall be adjourned.

The presiding Judge shall explain to the parties and their representatives their rights and duties, and to other participants in the proceedings their rights, duties and responsibility.

 

Article 58. Judge Presiding in Session

The Judge presiding in the session of the Constitutional Court of the Russian Federation shall conduct the session taking necessary measures to provide for the prescribed procedure of the hearing, its completeness and comprehensiveness, to have its course and results recorded; shall remove from the hearings anything that is irrelevant to the case under consideration; shall give the floor to the Judges and the participants in the proceedings; shall interrupt the statements of the participants in the proceedings if they concern questions irrelevant to the hearing, withdraw their right to address the Court if they arbitrarily break the sequence of speeches, if they ignored twice the demands of the Presiding Judge, if they use rude or insulting words, make assertions and appeals prosecuted under law.

Objections made by any of the participants in the proceedings to the directives and actions of the Presiding Judge shall be entered into the records of the session. The directives and actions of the Presiding Judge may be reconsidered by the Constitutional Court of the Russian Federation during the same session at the proposal of a party or any Judge.

 

Article 59. Records

The records, meeting the requirements stipulated by the Rules of the Constitutional Court of the Russian Federation, shall be kept during the session of the Constitutional Court of the Russian Federation.

Verbatim record of the session may be kept to provide for a complete and precise record.

The record of the session shall be signed by the President of the Constitutional Court of the Russian Federation or on his authorization by one of the Vice-Presidents of the Constitutional Court of the Russian Federation.

The parties shall have the right to read the record and verbatim record of the session of the Constitutional Court of the Russian Federation and submit comments on them. Other participants in the proceedings may read the record and verbatim record with the leave granted by the Constitutional Court of the Russian Federation.

Comments on the record or verbatim record of the session shall be considered jointly by the Presiding Judge and the Judge Rapporteur with the participation where necessary of the persons who submitted comments. Comments on the record and verbatim record of the session as well as the decision to verify their authenticity or to reject them shall be appended to the record and to the verbatim record, respectively.

 

Article 60. Procedure for Investigation of Questions

The investigation of the merits of the case under consideration in the session of the Constitutional Court of the Russian Federation shall open with the statement made by the Judge Rapporteur on the grounds and reasons for the consideration of the case, on merits of the question, on the contents of the available materials and on the measures taken to prepare the case for the consideration. Other Judges of the Constitutional Court of the Russian Federation may pose questions to the Judge Rapporteur.

After the conclusion of a statement by the Judge Rapporteur the Constitutional Court of the Russian Federation shall hear the motions of the parties and shall decide on the procedure for the investigation of the questions of the case.

The procedure established by the decision of the Constitutional Court of the Russian Federation may be altered only by the Constitutional Court of the Russian Federation itself. The proposals on the procedure for the investigation of questions put forward by the Judges of the Constitutional Court of the Russian Federation in the course of the consideration shall be considered by the Constitutional Court of the Russian Federation without delay.

 

Article 61. Adjournment of Session

The consideration of the case may be adjourned if the Constitutional Court of the Russian Federation finds that the question is insufficiently prepared, or that it requires further examination that cannot be carried out at the same session due to failure to appear of a party, a witness or an expert whose attendance was deemed compulsory, as well as due to failure to produce the required materials. In such event the Constitutional Court of the Russian Federation shall set a date until which the session is adjourned. The hearing of the consideration of which has been adjourned shall begin anew or resume from the point at which it has been adjourned.

 

Article 62. Pleadings of Parties

In conformity with the procedure established by the decision of the Constitutional Court of the Russian Federation the Presiding Judge shall propose to the parties to give explanations on the merits of the question under consideration and to adduce legal arguments to prove their position. In the event that the position of the party is asserted by several representatives the sequence and duration of statements shall be defined by the party itself.

The parties and their representatives shall not use their statements in the Constitutional Court of the Russian Federation to make political statements and declarations and may not make insulting remarks about the state bodies, social associations, participants in the proceedings, officials and citizens.

The Constitutional Court of the Russian Federation shall hear pleadings in their entirety.

Following the pleadings of a party the Judges of the Constitutional Court of the Russian Federation and the other party, and with the leave granted by the Constitutional Court of the Russian Federation, the experts, may pose questions to that party.

 

Article 63. Expert Findings

A person possessing specialized knowledge relevant to the case under consideration may be summoned to the session of the Constitutional Court of the Russian Federation as an expert. The questions due to be covered by expert findings shall be determined by the Judge Rapporteur or by the Constitutional Court of the Russian Federation.

Prior to making the statement the expert shall take the oath and shall be warned about the responsibility for false findings.

With the leave granted by the Constitutional Court of the Russian Federation the expert may acquaint himself with the case files, pose questions to the parties and witnesses, as well as submit applications for additional materials to be placed at his disposal.

After stating his findings the expert shall answer additional questions posed to him by the Judges of the Constitutional Court of the Russian Federation.

 

Article 64. Witness Testimony

When it is necessary to investigate the actual facts, the determination of which is referred to the jurisdiction of the Constitutional Court of the Russian Federation, persons who possess information and materials pertaining to such facts may be summoned as witnesses.

Prior to delivery of his testimony the witness shall take the oath and shall be warned about the responsibility for false testimony.

The witness shall communicate to the Constitutional Court of the Russian Federation the circumstances pertaining to the substance of the case under consideration which are known to him personally and shall answer additional questions posed to him by the Judges of the Constitutional Court of the Russian Federation and by the parties. Where necessary he may make use of written notes, as well as of documents and other materials.

 

Article 65. Investigation of Documents

Documents may be read at the session of the Constitutional Court of the Russian Federation on the motion of the Judges or on the motion of the parties. The documents with dubious authenticity shall not be read.

The documents investigated by the Constitutional Court of the Russian Federation shall, by the decision of the Constitutional Court of the Russian Federation, be appended to the case files in the original or in certified copies.

 

Article 66. Concluding Statements of Parties

Concluding statements of the parties shall be heard at the completion of the judicial investigation. The Constitutional Court of the Russian Federation may grant time to the parties to prepare for the concluding statements at their request.

In their concluding statements the parties shall not refer to the documents and circumstances that were not investigated by the Constitutional Court of the Russian Federation.

 

Article 67. Reopening of Consideration of Question

If, after the concluding statements of the parties, the Constitutional Court of the Russian Federation deems it necessary to investigate additional circumstances substantial for the decision of the case, or to investigate new evidence, it shall decide on the reopening of the consideration of the question.

At the completion of additional investigation the parties shall be entitled to make new concluding statements provided they pertain only to new facts and evidence.

 

Article 68. Discontinuance of Proceedings

The Constitutional Court of the Russian Federation shall discontinue the proceedings in the case if in the course of the session grounds will be revealed for the refusal to accept the petition for the consideration, or it will be ascertained that the question settled by a law or other enactment, agreements between the organs of State Power or an international treaty of the Russian Federation that has not come into force, the constitutionality of which is to be verified, was not settled in the Constitution of the Russian Federation or by its nature and significance may not be regarded as a constitutional matter.

 

Article 69. Completion of Hearing

When the Constitutional Court of the Russian Federation deems the investigation of questions concluded, the Presiding Judge shall declare the completion of a hearing.

 

Article 70. Conference of Judges on the Adoption of the Final Decision

The final decision on the case under consideration shall be passed by the Constitutional Court of the Russian Federation by the conference in camera.

Only the Judges of the Constitutional Court of the Russian Federation considering the case shall participate in the conference in camera. Members of the staff of the Constitutional Court of the Russian Federation who keep records and ensure the normal course of the conference may be present in the conference room.

During the conference in camera the Judge of the Constitutional Court of the Russian Federation may freely express his position on the question under discussion and may ask other Judges to clarify their positions. The number and duration of statements at the conference may not be limited.

The questions put to vote and the results of voting shall be put into the records of the conference. The records of the conference in camera shall be signed by all the Judges present and shall not be made public.

The Judges and other persons present at the conference in camera shall not divulge the contents of the discussion and the results of voting.

 

Chapter VIII Decisions of the Constitutional Court of the Russian Federation

 

Article 71. Types of Decisions

Section One - Repealed

The final decision of the Constitutional Court of the Russian Federation on the merits of any of the questions listed in in Items 1, 2, 3, 3.1, 4 and 5.1  of Section One of Article 3 of the present Federal Constitutional Law shall be known as judgment. Judgment shall be passed in the name of the Russian Federation.

The final decision of the Constitutional Court of the Russian Federation on the merits of the request on the observance of a prescribed procedure for charging the President of the Russian Federation with high treason or with commission of other grave offense shall be known as a declaratory judgment.

All other decisions of the Constitutional Court of the Russian Federation passed in the course of the constitutional judicial proceedings shall be known as rulings.

Sessions of the Constitutional Court of the Russian Federation shall also decide on matters pertaining to the organization of its functioning.

 

Article 72. Passing of the Decision

The decision of the Constitutional Court of the Russian Federation shall be passed by an open ballot by roll call of the Judges. In all instances the final vote shall be cast by the Presiding Judge.

The decision of the Constitutional Court of the Russian Federation shall be deemed to have been passed provided that the majority of the Judges who took part in the ballot voted in favor, unless stipulated otherwise by the present Federal Constitutional Law.

If votes are evenly divided during the passing of the judgment on the verification of the constitutionality of an enactment, an agreement between the bodies of State Power, an international treaty of the Russian Federation pending its entry into force, the decisions shall be deemed to have been passed in favor of the constitutionality of the challenged act. A decision pertaining to disputes about competence shall be adopted by a majority vote in all events.

The decision on the interpretation of the Constitution of the Russian Federation shall be adopted by a majority of no less than two thirds of the number of acting Judges.

The Judge of the Constitutional Court of the Russian Federation may not abstain from voting or evade voting.

 

Article 73. Repealed

 

Article 74. Requirements for Decisions

Decisions of the Constitutional Court of the Russian Federation shall be based upon materials, investigated by the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation shall pass the decision on the case assessing both the literal meaning of the act under consideration and the meaning attributed to it by an official and other interpretations or the prevailing law-applying practices, as well as proceeding from its place in the system of legal acts.

The Constitutional Court of the Russian Federation shall adopt judgments and pass declaratory judgments solely on the subject stated in the petition and only in relation to that part of the act or the competence of the body, the constitutionality of which is challenged in the petition. While passing the decision the Constitutional Court of the Russian Federation shall not be bound by the grounds and arguments stated in the petition.

The judgments and declaratory judgments of the Constitutional Court of the Russian Federation shall be stated in the form of individual documents which shall indicate the reasoning that determined their passing.

Rulings of the Constitutional Court of the Russian Federation shall be read in the session and shall be entered into the record, unless stipulated otherwise by the present Federal Constitutional Law or by the decision of the Constitutional Court of the Russian Federation.

 

Article 75. Statement of Decision

The decision of the Constitutional Court of the Russian Federation, stated in an individual document, shall, depending on the nature of the question under consideration, contain the following information:

1) the designation of the decision, date and place of its passing;

2) names of judges constituting the membership of the Constitutional Court of the Russian Federation that passed the decision;

3) required description of the parties;

4) wording of the question under consideration, reasons and grounds for its consideration;

5) norms of the Constitution of the Russian Federation and the present Federal Constitutional Law due to which the Constitutional Court of the Russian Federation is entitled to consider the question;

6) demands, contained in the petition;

7) actual facts and other circumstances, determined by the Constitutional Court of the Russian Federation;

8) norms of the Constitution of the Russian Federation and the present Federal Constitutional Law on which the Constitutional Court of the Russian Federation relied in passing the decision;

9) arguments supporting the decision passed by the Constitutional Court of the Russian Federation and, where necessary, arguments refuting the assertion of the parties;

10) wording of the decision;

101) indication of the necessity of the review of the case in respect of the petitioner, if the final decision is adopted in form of judgment in accordance with Paragraphs 2 and 3 of Section One of Article 100 of the present Federal Constitutional Law;

11) statement on the final and binding nature of the decision;

12) procedure for the entry into force of the decision, as well as the procedure, dates and specifics of its execution and promulgation.

The final decision of the Constitutional Court of the Russian Federation shall be signed by all the Judges who participated in the voting.

 

Article 76. Separate Opinion of the Judge

The Judge of the Constitutional Court of the Russian Federation who dissents from the decision of the Constitutional Court of the Russian Federation may state his separate opinion in writing. The separate opinion of the Judge shall be appended to the case files and shall be published along with the decision of the Constitutional Court of the Russian Federation in the "Vestnik Konstitutsionnogo Suda Rossiyskoy Federatsii" ("Bulletin of the Constitutional Court of the Russian Federation").

The Judge of the Constitutional Court of the Russian Federation who voted in favor of the judgment or of the declaratory judgment on the merits of the question, considered by the Constitutional Court of the Russian Federation, but found himself in the minority during the voting on another question or on the motivation of the decision, may state in writing his separate opinion which dissents from the majority of Judges. In such event the Judge’s dissent in writing shall also be appended to the case files and shall be published in the "Vestnik Konstitutsionnogo Suda Rossiyskoy Federatsii" ("The Bulletin of the Constitutional Court of the Russian Federation").

 

Article 77. Pronouncement of Decision

The decision of the Constitutional Court of the Russian Federation passed on the outcome of the consideration of a case, with the exception of the judgment adopted under the procedure stipulated by Article 471 of the present Federal Constitutional Law, shall be pronounced in its entirety in an open session of the Constitutional Court of the Russian Federation immediately after its signing.

The judgments and declaratory judgments of the Constitutional Court of the Russian Federation in no event later than two weeks after signing shall be transmitted to:

- the Judges of the Constitutional Court of the Russian Federation;

- the parties;

- the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the Commissioner for Human Rights;

- the Supreme Court of the Russian Federation, the High Court of Arbitration of the Russian Federation, the Prosecutor General of the Russian Federation, the Minister of Justice of the Russian Federation.

The decisions of the Constitutional Court of the Russian Federation may also be transmitted to other state bodies and organizations, social associations, officials and citizens.

 

Article 78. Promulgation of Decision

The judgments and declaratory judgments of the Constitutional Court of the Russian Federation shall be promulgated with no delay in the official publications of the bodies of State Power of the Russian Federation, of the constituent entities of the Russian Federation which the decision may concern. The decisions of the Constitutional Court of the Russian Federation shall also be published in the "Vestnik Konstitutsionnogo Suda Rossiyskoy Federatsii" ("The Bulletin of the Constitutional Court of the Russian Federation") and in other publications if necessary.

 

Article 79. Legal Force of Decision

The decision of the Constitutional Court of the Russian Federation shall be final and may not be appealed. The decision of the Constitutional Court of the Russian Federation passed on the outcome of the consideration of a case assigned for hearing in the session of the Constitutional Court of the Russian Federation shall come into force immediately upon pronouncement. The judgment of the Constitutional Court of the Russian Federation adopted under the procedure stipulated by Article 471 of the present Federal Constitutional Law shall come into force from the day of its publication in accordance with Article 78 of the present Federal Constitutional Law. Other decisions of the Constitutional Court of the Russian Federation come into force from the day of their adoption.

The decision of the Constitutional Court of the Russian Federation shall be directly applicable and shall require no affirmation by other bodies and officials. The legal force of the judgment of the Constitutional Court of the Russian Federation deeming the act to be unconstitutional may not be overcome by the new adoption of the same act.

The acts or individual provisions thereof found to be unconstitutional shall be null and void; international treaties of the Russian Federation pending their entry into force, found not to be in conformity with the Constitution of the Russian Federation shall not be brought into force and implemented. Decisions of courts and other bodies based on acts or individual provisions thereof found to be unconstitutional by the judgment of the Constitutional Court of the Russian Federation shall not be executed and shall be reviewed in the events stipulated by the federal law.

Should a normative act be found unconstitutional in its entirety or partially by a decision of the Constitutional Court of the Russian Federation, or should a need to eliminate a lacunae in legal regulation proceed from a decision of the Constitutional Court of the Russian Federation, a state body or an official that has adopted that normative act shall consider adopting a new normative act that should, in particular, provide for an abrogation of a normative act found unconstitutional or an introduction of necessary amendments to a normative act found partially unconstitutional. Until a new normative act has been enacted, the Constitution of the Russian Federation shall be applied directly.

The position of the Constitutional Court of the Russian Federation on whether the meaning of a normative legal act or of an individual provision thereof attributed to them by the law- applying practices conforms to the Constitution of the Russian Federation, expressed in the judgment of the Constitutional Court of the Russian Federation, including judgment in a case on verification, upon complaint against violation of constitutional rights and freedoms of citizens, of constitutionality of a law that has been applied in a specific case, or on verification, at request of a court, of constitutionality of a law that ought to be applied in a specific case shall be taken into consideration by the law-applying bodies from the moment of coming into force of the respective judgment of the Constitutional Court of the Russian Federation.

 

Article 80. Duty of State Bodies and Officials to Bring Laws and Normative Acts into Conformity with the Constitution of the Russian Federation Pursuant to Decision of the Constitutional Court of the Russian Federation

Should a normative act be found unconstitutional in its entirety or partially by a decision of the Constitutional Court of the Russian Federation, or should a need to eliminate a lacunae in legal regulation proceed from a decision of the Constitutional Court of the Russian Federation:

1) The Government of the Russian Federation shall, not later than three months after the promulgation of a decision of the Constitutional Court of the Russian Federation, introduce to the State Duma a draft federal constitutional law, or a draft federal law, or several linked drafts of laws, or a draft law amending a law found partially unconstitutional. The said drafts shall be considered by the State Duma extraordinarily;

2) The President of the Russian Federation, the Government of the Russian Federation shall, not later than two months after the promulgation of a decision of the Constitutional Court of the Russian Federation repeal a normative act of, respectively, the President of the Russian Federation, the Government of the Russian Federation, adopt a new normative act, or introduce amendments to a normative act found partially unconstitutional;

3) A legislative (representative) body of State Power of a constituent entity of the Russian Federation shall, within six months of the promulgation of a decision of the Constitutional Court of the Russian Federation, introduce amendments to the Constitution (Charter) of a constituent entity of the Russian Federation, repeal a law of a constituent entity of the Russian Federation found unconstitutional, adopt a new law of a constituent entity of the Russian Federation, or several linked laws, or amend a law found partially unconstitutional. A supreme official of a constituent entity of the Russian Federation (head of a supreme executive body of State Power of a constituent entity of the Russian Federation) shall, not later than two months after the promulgation of a decision of the Constitutional Court of the Russian Federation, introduce a respective draft law to the legislative (representative) body of State Power of a constituent entity of the Russian Federation. If upon expiration of a six-month period following the promulgation of a decision of the Constitutional Court of the Russian Federation the legislative (representative) body of State Power of a constituent entity of the Russian Federation fails to adopt measures provided under the present paragraph related to a decision of the Constitutional Court of the Russian Federation, rules of responsibility as provided for under the federal legislation shall apply;

4) A supreme official of a constituent entity of the Russian Federation (head of a supreme executive body of State Power of a constituent entity of the Russian Federation) shall, not later than two months after the promulgation of a decision of the Constitutional Court of the Russian Federation, repeal a normative act found unconstitutional and adopt a new normative act or introduce amendments to a normative act found partially unconstitutional. If upon expiration of a two-month period following the promulgation of a decision of the Constitutional Court of the Russian Federation supreme official of a constituent entity of the Russian Federation (head of a supreme executive body of State Power of a constituent entity of the Russian Federation) fails to adopt measures provided under the present paragraph related to a decision of the Constitutional Court of the Russian Federation, rules of responsibility as provided for under the federal legislation shall apply;

5) Federal bodies of State Power, bodies of State Power of constituent entities of the Russian Federation that have concluded a treaty between federal bodies of State Power and bodies of State Power of constituent entities of the Russian Federation or a treaty between bodies of State Power of constituent entities of the Russian Federation shall not later than two months after the promulgation of a decision of the Constitutional Court of the Russian Federation amend the treaty or abrogate the treaty.

 

Article 81. Consequences of Non-Execution of Decision

Non-execution, improper execution or prevention of execution of the decision of the Constitutional Court of the Russian Federation shall entail responsibility under the federal law.

 

Article 82. Rectification of Omissions in Decision

After the pronouncement of the decision, the Constitutional Court of the Russian Federation may rectify omissions in the decision in designations, denominations, clerical errors and apparent editorial and technical errors, and shall pass a ruling on the matter.

 

Article 83. Explanation of Decision

The decision of the Constitutional Court of the Russian Federation may be officially explained only by the Constitutional Court of the Russian Federation itself upon the application of the bodies and persons entitled to petition the Constitutional Court of the Russian Federation, of other bodies and persons to whom the decision was transmitted.

The question concerning the explanation of the decision of the Constitutional Court of the Russian Federation shall be considered in the session of the Constitutional Court of the Russian Federation under the procedure in which this decision was adopted. If the question concerning the explanation of the decision of the Constitutional Court of the Russian Federation is subject to consideration in the session with holding the hearings, the body or a person applying for the explanation of the decision shall be invited to the session as well as the bodies and persons who were parties to the case.

The explanation of the decision of the Constitutional Court of the Russian Federation shall be the subject of a ruling stated as an individual document and due to be published in the publications where the decision was published

 


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© Constitutional Court of the Russian Federation, 2008-2018