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The Establishment of Constitutional Control Authorities Depending on Control Models
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The main way to protect the Constitution is specialized constitutional control, which is carried out through legal means.
Constitutional control, being a specific function of specially authorized and competent state authorities, is provided by courts,
councils, including religious ones. In different countries of the world, either one or the other operate, depending on the model
of constitutional control that exists in a particular state. In the Russian Federation, throughout the history of the existence of
constitutional control, its model has undergone various changes, which was influenced, among other things, by the existence
of constitutional control in the subjects of the Federation, since depending on this, the model of constitutional control can,
for example, be attributed to the German one, where control is carried out both at the federal and regional levels. In Soviet
times, there was rather an American model, when constitutional control was carried out by the Supreme Court. This period
was also characterized by the exercise of constitutional control by non-judicial bodies such as the Prosecutor’s Office and the
Party. To date, constitutional control in our country is carried out by a specialized body — the Constitutional Court of the
Russian Federation. Specialized judicial constitutional control existed until 2023 in the subjects of the Russian Federation,
however, after the constitutional reform of 2020, it was transformed into quasi-judicial constitutional control, which causes
controversy among constitutional scholars and practitioners as to which way to go next. The purpose of the research in this
paper is to study and analyze the experience of building and functioning of various models of constitutional control in foreign
countries, which in turn can be used in the construction of the Russian model of constitutional control in the subjects of the
Russian Federation and in the Federation as a whole.
Title: The Establishment of Constitutional Control Authorities Depending on Control Models
Description:
The main way to protect the Constitution is specialized constitutional control, which is carried out through legal means.
Constitutional control, being a specific function of specially authorized and competent state authorities, is provided by courts,
councils, including religious ones.
In different countries of the world, either one or the other operate, depending on the model
of constitutional control that exists in a particular state.
In the Russian Federation, throughout the history of the existence of
constitutional control, its model has undergone various changes, which was influenced, among other things, by the existence
of constitutional control in the subjects of the Federation, since depending on this, the model of constitutional control can,
for example, be attributed to the German one, where control is carried out both at the federal and regional levels.
In Soviet
times, there was rather an American model, when constitutional control was carried out by the Supreme Court.
This period
was also characterized by the exercise of constitutional control by non-judicial bodies such as the Prosecutor’s Office and the
Party.
To date, constitutional control in our country is carried out by a specialized body — the Constitutional Court of the
Russian Federation.
Specialized judicial constitutional control existed until 2023 in the subjects of the Russian Federation,
however, after the constitutional reform of 2020, it was transformed into quasi-judicial constitutional control, which causes
controversy among constitutional scholars and practitioners as to which way to go next.
The purpose of the research in this
paper is to study and analyze the experience of building and functioning of various models of constitutional control in foreign
countries, which in turn can be used in the construction of the Russian model of constitutional control in the subjects of the
Russian Federation and in the Federation as a whole.
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