Constitutional Court of Russia

Russian constitutional court

Constitutional Court of Russia
Конституционный Суд Российской Федерации
Coat of Arms of Russia
Constitutional Court building in Saint Petersburg

59°56′09″N 30°18′02″E / 59.93583°N 30.30056°E / 59.93583; 30.30056
Established	July 12, 1991; 33 years ago (1991-07-12)
Location	1 Senate Square, Saint Petersburg
Coordinates	59°56′09″N 30°18′02″E / 59.93583°N 30.30056°E / 59.93583; 30.30056
Composition method	Appointment by Federation Council with nomination by President of Russia
Authorised by	Constitution of Russia
Judge term length	Mandatory retirement at age 70 for regular judges and 76 for the Deputy President of the Court
Number of positions	11, by law (including the President and the Deputy President)
Website	ksrf.ru
President
Currently	Valery Zorkin
Since	21 February 2003
Lead position ends	6 years, renewable
Jurist term ends	No tenure or age limits
Deputy President
Currently	Sergey Mavrin
Since	18 July 2009
Lead position ends	21 May 2026
Jurist term ends	30 September 2027

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The Constitutional Court of the Russian Federation (Russian: Конституционный Суд Российской Федерации) is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution (in Russian constitutional law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of Russia.

History

Before the 1980s in the USSR the importance of judicial supervision over compatibility of legislation and executive actions with the provisions and principles of the constitution was not recognized. It was not until December 25, 1989 when Constitutional Control in the USSR Act was passed, that such "judicial review" was initiated. Accordingly, the Constitutional Supervision Committee was created. It started functioning mid-1990 and was dissolved towards the end of 1991. In December 1990 the Constitution of the Russian Soviet Federated Socialist Republic (RSFSR) was amended with provisions which provided for creation of Constitutional Court (whereas a similar USSR body was called a Committee, not a Court). On July 12, 1991 Constitutional Court of the RSFSR Act was adopted. In October the Fifth Congress of People's Deputies of the Russian SFSR has elected 13 members of the Court and the Constitutional Court de facto started functioning. From November 1991 till October 1993 it rendered some decisions of great significance. For example, it declared unconstitutional certain decrees of Presidium of the Supreme Soviet, which were adopted ultra vires, and forbade the practice of extrajudicial eviction. More often, however, it declared President Yeltsin's decrees unconstitutional, leading critics to argue it took the side of the Supreme Soviet in the power struggle.

Main article: Russian constitutional crisis of 1993

On October 7, 1993 Boris Yeltsin's decree suspended work of the Constitutional Court. According to the decree, the Constitutional Court was "in deep crisis". On December 24 another presidential decree repealed the Constitutional Court of the RSFSR Act itself. In July 1994 the new Constitutional Court Act was adopted. However, the new Constitutional Court started working only in February 1995, because the Federation Council of Russia refused several times to appoint judges nominated by Yeltsin.

In 2005 the federal authorities proposed to transfer the court from Moscow to Saint Petersburg. The transfer, involving controversial allocation of land on Krestovsky Island for cottages of the judges and relocation of the Russian State Historical Archive from the former Senate and Synod Building, now occupied by the court headquarters, had been completed by 2008.

President Dmitry Medvedev on May 8, 2009, proposed to the legislature and on June 2 signed a law for an amendment whereby the president of the court and his deputies would be proposed to the parliament by the president rather than elected by the judges, as was the case before.

Constitutional Court Judge Vladimir Yaroslavtsev in an interview to the Spanish newspaper El País published on August 31, 2009, claimed that the presidential executive office and security services had undermined judicial independence in Russia. In October the Constitutional Court in an unprecedented motion accused Yaroslavtsev of "undermining the authority of the judiciary" in violation of the judicial code and forced him to resign from the Council of Judges. Judge Anatoly Kononov, who had frequently dissented from decisions taken by the majority of the court, in his interview to Sobesednik supported Yaroslavtsev, claiming that there was no independent judiciary in Russia and criticized the new amendments concerning appointment of the court president as undemocratic. The Constitutional Court forced Kononov to step down from the Constitutional Court on January 1, 2010, 7 years ahead of schedule.

Composition

The Constitutional Court of the Russian Federation consists of 11 judges (with the quorum of 8), one being the President (currently Valery Zorkin) and another one being Deputy President (currently Sergey Mavrin). The President presides over the court's sessions, represents the court in its relations with state bodies, has considerable powers in the matters of appointment, and makes the initial recommendation for disciplinary measures, in particular dismissal.

The judges are nominated by the President and appointed by the Federation Council for an indefinite term with the age limit of 70 for regular judges and 76 for the Deputy President of the Court (the President of the Court has no age limit). In order to become a judge of the Constitutional Court a person must be a citizen of Russia, at least 40 years of age, have legal education, have served as a lawyer for at least 15 years and have "recognized high qualification" (quotation from Constitutional Court Act) in law.

Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment of the president of Russia and the Constitutional Court's proposals of legislations must be dealt with in plenary session. The Constitutional Court also may by its discretion submit to plenary sessions any other issue.

Powers

Certain powers of the Constitutional Court are enumerated in the Constitution of Russia. The Constitutional Court declares laws, presidential and governmental decrees and laws of federal subjects unconstitutional if it finds that they are contrary to the Constitution (i.e. they violate certain rights and freedoms of citizens enumerated in and protected by the Constitution). In such instances, that particular law becomes unenforceable, and governmental agencies are barred from implementing it. Also, before an international treaty is ratified by the State Duma, the constitutionality of the treaty may be observed by the Constitutional Court. The Constitutional Court is not entitled to judge constitutionality of laws on its own initiative; the law may be submitted to the Constitutional Court by the President of Russia, the government of Russia, the State Duma, the Federation Council, one-fifth of deputies of the State Duma or the Federation Council, the Supreme Court of the Russian Federation, or a legislative body of a federal subject. Any federal court may request the Constitutional Court to judge on the constitutionality of a law if the law is to be implemented in a case, and a judge of the federal court is in doubt about whether the law is contrary to the Constitution. Also, any private citizen may submit in the Constitutional Court a claim challenging constitutionality of a particular law if that law was implemented in a particular case and thus violated rights of that citizen.

Another power of the Constitutional Court is to resolve disputes concerning competence of governmental agencies. Whenever the President of Russia is impeached, the Constitutional Court renders a resolution concerning complying with the due order of indictment.

Procedure

The Constitutional Court deals with cases either in chambers or in plenary sessions. All judges must be present unless they are sick or may have interest in the case; they must not abstain from voting on the resolution. Apart from judges, claimant, his representatives and governmental agencies involved are present. In order for resolution or decision to pass two-thirds of judges must be in favor of it.

Court presidents

Main article: President of the Constitutional Court of Russia

Valery Zorkin (1991–1993)
Nikolay Vitruk (acting, 1993–1995)
Vladimir Tumanov (1995–1997)
Marat Baglai (1997–2003)
Valery Zorkin (since 2003)

Current judges

Main article: List of judges of the Constitutional Court of Russia

Judge	Alma mater	Nominated by	Start date / length of service	Age at start / present		Background
President Valery Zorkin (b. 1943)	Moscow State University	Congress of People's Deputies of Russia	October 29, 1991 33 years, 51 days	48	81	University professor
Deputy President Sergey Mavrin (b. 1951)	Saint Petersburg State University	Vladimir Putin	February 25, 2005 19 years, 298 days	54	73	University professor
Lyudmila Zharkova (b. 1955)	Saint Petersburg State University	Boris Yeltsin	June 11, 1997 27 years, 191 days	41	69	Notary, judge, civil servant, university professor
Sergey Kazantsev (b. 1955)	Saint Petersburg State University	Vladimir Putin	March 29, 2002 22 years, 265 days	46	69	University professor, civil servant
Larisa Krasavchikova (b. 1955)	Ural State Law University	Vladimir Putin	February 12, 2003 21 years, 311 days	47	69	University professor
Nikolay Melnikov (b. 1955)	Rostov State University	Vladimir Putin	February 25, 2005 19 years, 298 days	49	69	Investigator, prosecutor
Sergey Knyazev (b. 1959)	Far Eastern State University	Dmitry Medvedev	October 15, 2008 16 years, 65 days	49	65	University professor, civil servant
Alexander Kokotov (b. 1961)	Ural State Law University	Dmitry Medvedev	March 3, 2010 14 years, 291 days	49	63	University professor
Andrey Bushev (b. 1966)	Saint Petersburg State University	Vladimir Putin	June 8, 2022 2 years, 194 days	56	58	University professor, arbitrator, judge
Vladimir Sivitsky (b. 1974)	Moscow State University	Vladimir Putin	June 21, 2023 1 year, 181 days	48	50	University professor, civil servant
Mikhail Lobov (b. 1971)	Moscow State Institute of International Relations	Vladimir Putin	September 25, 2023 1 year, 85 days	52	53	Judge, university professor

Presidential Envoys to the Constitutional Court

Valery Savitsky (April 24, 1995, – February 5, 1996)
Mikhail Mityukov (February 5 – December 7, 1996)
Sergey Shakhray (December 7, 1996, – June 29, 1998)
Mikhail Mityukov (June 29, 1998, – November 7, 2005)
Mikhail Krotov (November 7, 2005 – January 31, 2020)
Aleksandr Konovalov (since January 31, 2020)

Governmental Envoys to the Constitutional Court

Stanislav Yudushkin (November 9, 1998, – March 12, 2001)
Mikhail Barshchevsky (since March 12, 2001)

References

"Russian parliament votes to reform judiciary". Financial Times. Archived from the original on 2022-12-12. Retrieved 2020-06-23.
"Dmitry Medvedev made amendments to the Federal Constitutional Law On the Constitutional Court of the Russian Federation". President of Russia (in Latin). 2009-06-02. Retrieved 2020-06-23.
Bonet, Pilar (2009-08-31). ""En Rusia mandan los órganos de seguridad, como en la época soviética"". El País (in Spanish). Retrieved 2020-06-23.
"Судья Кононов: Независимых судей в России нет | Политика | Sobesednik.ru". Archived from the original on 2009-12-08. Retrieved 2009-12-15.
"Конституционный суд теряет особые мнения". Kommersant (in Russian). 2009-12-02. Retrieved 2020-06-23.
RFE/RL (2009-12-02). "Top Russian Judges Quit Posts After Critical Comments". RadioFreeEurope/RadioLiberty. Retrieved 2020-06-23.
White, Gregory L. (2009-12-03). "Judge Set to Retire Amid Kremlin Row". WSJ. Retrieved 2020-06-23.
Despouy, Leandro (23 March 2009). "A/HRC/11/41/Add.2 Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development, Addendum: Report of the Special Rapporteur on the Independence of Judges and Lawyers" (PDF). United Nations Human Rights Council. p. 17. Retrieved 6 August 2012.
Terrill, Richard J. (2009). World Criminal Justice Systems: A Survey (7 ed.). Elsevier. p. 423. ISBN 978-1-59345-612-2.

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