Decisions of the Organs of Constitutional Justice as a Rule of Law

Abstract

The tasks of research are: the selection of properties of the rules of law in the decisions of the organs of constitutional control; consolidation of decisions of the bodies of constitutional justice in relation to most important issues of the rule of law within Russian theory of constitutional law. The main methods of research are scientific methods, such as analysis method and comparison method, which allowed us to identify similarities and differences between rules of law and the decisions of the constitutional justice, and to formulate specific theoretical and practical conclusions and suggestions for further development of the Russian legal system. In this article the author reveals that the decisions of the constitutional (charter) courts include such elements of the legal norm, as a hypothesis and disposition, and even the sanction. The author comes to the conclusion that the rules of law contained in the decisions of the constitutional (charter) courts, have some distinctions. They are interpretive in nature, may be found in different parts of the decisions of the constitutional justice, and act not only from the time of decision making, but also, in certain cases, cover the relations, which have arisen prior to their adoption. The author also proposes a number of amendments to the Federal Constitutional Law on the Constitutional Court.

DOI: 10.5901/mjss.2015.v6n3s7p311