PROBLEMS OF IMPLEMENTATION OF DECISIONS KSRF IN THE SCOPE OF THE CRIMINAL AND CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION

Kulagin Vitaliy Vladimirovich
Mordovian State University
2nd year student, faculty of Law, specialty: law

Abstract
The article analyzes the main problems of implementation of the decisions of the constitutional court of the Russian Federation in the sphere of application of criminal and Criminal-procedural legislation of the Russian Federation. It is noted that the regulatory framework governing the Executive branch, needs to be corrected with respect to actual problems of forensic research. Addresses the experiences of the European court on the implementation of decisions of the constitutional court, and the status of legislation in the Russian Federation. Discussion remains the question of the separation of powers of the constitutional court and the Executive branch on issues of implementation of court decisions. Based on the analysis of judicial practice, as well as engagement with academic writings of judges of the constitutional court established that constitutional courts have no mechanism that can compel execution of the decision, which, in turn, begs the role of the legal and institutional tools and mechanisms for their implementation, as well as authoritative judges of the constitutional court of the Russian Federation. Thus, at this historical stage of development of the constitutional Court of the Russian Federation, the main problem is that the bodies of constitutional justice are unable to independently enforce its decisions, relying only on their credibility and persuasiveness. Therefore, the decisions of the constitutional Court is directly linked to the Executive branch.

Keywords: Constitution of the Russian Federation, constitutional court, Convention, criminal liability, criminal procedure law, European court, Implement solutions, judgment, practice, procedure


Category: 12.00.00 Law

Article reference:
Problems of implementation of decisions KSRF in the scope of the criminal and criminal procedural legislation of the Russian Federation // Modern scientific researches and innovations. 2016. № 12 [Electronic journal]. URL: https://web.snauka.ru/en/issues/2016/12/76361

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