Cuestiones Políticas Vol. 39, Nº 68 (Enero - Junio) 2021, 612-619 IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ

Principles of Law and Electronic Constitutional (Statutory) Justice in the Constituent Entities of the

Russian Federation


DOI: https://doi.org/10.46398/cuestpol.3968.39


Gulnara Rushanovna Khabibullina * Rishat Islamovich Shaikhiev ** Damir Ravilyevich Salikhov ***


Abstract

This article discusses constitutional (statutory) electronic justice in the constituent entities of the Russian Federation as a method of organizing judicial activity based on information technologies, which aims to ensure the operation, mainly, of the principles of publicity and openness, transparency,

and accessibility of information from constitutional (statutory) legal procedures as a variety of the latter in the Russian Federation. In the methodological of use the technique of documentary observation. Indeed, electronic (statutory)constitutional justice in the constituent entities of the Russian Federation has a multifaceted nature and characteristic, as it can be considered in several contexts, including the attribution to the group of additional constitutional guarantees of human and civil rights. It is concluded that electronic constitutional justice brings spaces of justice closer to individuals and communities, making it easier to exercise their rights and duties.

Keywords: principles of constitutional law; constitutional (statutory) courts; constitutional (statutory) justice; subjects of the Russian Federation; electronic justice.


The use of information technologies in constitutional (charter) legal proceedings does not contradict the requirements of the Constitution of the Russian Federation, since, as the Constitutional Court of the Russian Federation believes, a constituent entity of the Russian Federation has the right, along with the basic guarantees of the rights of citizens enshrined in federal law, to establish in its law additional guarantees of these rights and freedoms aimed at specifying them, creating additional mechanisms for their implementation, taking into account regional characteristics (conditions) and in compliance with the constitutional requirements on the consistency of the laws of the constituent entities of the Russian Federation with federal laws and on the inadmissibility of restricting the rights and freedoms of a person and citizen in a form other than a federal law; implementing such legal regulation, the legislator of a constituent entity


of the Russian Federation should not introduce procedures and conditions that distort the essence of certain constitutional rights, and reduce the level of their federal guarantees enshrined on the basis of the Constitution of the Russian Federation by federal law, as well as introduce any restrictions on constitutional rights and freedoms, since such - within the purposes and limits determined by the Constitution of the Russian Federation - can be established only by the federal legislator (Resolution of the Constitutional Court of the Russian Federation, 2012).


Conclusion

The elements that form the system of electronic constitutional (statutory) justice in the constituent entities of the Russian Federation include:

  1. the presence of the official website of the constitutional and statutory court in the Internet with an indication of the e-mail address to which the user of the information can send his request;

  2. posting of information on the activities of the constitutional and statutory court as part of the information portal of the constituent entity of the Russian Federation, which acts as a state information system that unites the official websites of state and local authorities on the Internet;

  3. an electronic document as one of the legitimate forms of obtaining documented information about the activities of the constitutional and statutory court;

  4. the creation of an electronic reception, as well as the possibility of submitting applications, requests and petitions in electronic form through the official website of the constitutional and statutory court in the Internet (for example, the Constitutional Court of the Republic of Tatarstan has the Rules for submitting applications in electronic form through the «Appeal to the Constitutional Court of the Republic of Tatarstan» in the «Feedback» section of the official website of the Constitutional Court of the Republic of Tatarstan);

  5. broadcasting of open sessions on radio and television and in the Internet in the Statutory Court of the Sverdlovsk region;

  6. placement in electronic form of information about cases in the proceedings of the constitutional and statutory courts, as well as about judicial acts adopted by the constitutional and statutory court (for example, according to republican legislation, it is subject to mandatory posting on the official website of the Constitutional Court of the Republic of Sakha (Yakutia) decisions, rulings and opinions, as well as messages on the state of constitutional legality in the Republic


    of Sakha (Yakutia), data from judicial statistics on citizens’ appeals for consideration of cases in the Constitutional Court of the Republic of Sakha (Yakutia));

  7. information systems of the constitutional and statutory court (in particular, an information system has been created in the Statutory Court of the Kaliningrad region containing databases on laws and other regulatory legal acts of the Russian Federation, the Kaliningrad region and other constituent entities of the Russian Federation, decisions of the Statutory Court of the Kaliningrad region, decisions of the Constitutional courts of the Russian Federation and other constitutional (charter) courts of constituent entities of the Russian Federation);

  8. electronic placement of samples of documents for appeal to the constitutional and statutory courts (in the Statutory Court of St. Petersburg - these are samples of complaints from citizens, requests for compliance with the Charter of St. Petersburg with laws and other regulatory legal acts of St. Petersburg, on the interpretation of the Charter of St. Petersburg);

  9. electronic information on the procedure and schedule for personal reception of citizens by judges of the constitutional and statutory courts (on the official websites of the Constitutional Court of the Komi Republic and the Statutory Court of the Sverdlovsk Region).

Other elements of the system of electronic constitutional (statutory) justice in the constituent entities of the Russian Federation, practiced by constitutional and statutory courts, include maintaining an electronic archive of reviewed cases, electronic support for court proceedings and an electronic register of normative acts recognized by a constitutional or statutory court as inconsistent with the constitution or charter of a constituent entity of the Russian Federation.


Acknowledgments

The work is performed according to the Russian Government Program of Competitive Growth of Kazan Federal University.


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Vol.39 Nº 68


Esta revista fue editada en formato digital y publicada en enero de 2021, por el Fondo Editorial Serbiluz, Universidad del Zulia. Maracaibo-Venezuela


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