Practice of the Constitutional Court of the Russian Federation and the regulatory quality (normativnost) of its decisions

Abstract

In this article practice of the Constitutional Court of the Russian Federation regarding the regulatory quality of its decisions is analyzed. It is noted that the terms "normativnost" or "right source" aren't used by the Constitutional Court of the Russian Federation, but the legal positions which are actually formulated by it are considered in such quality. In the absence of the federal law "About regulations of the Russian Federation" it is admissible as there is no legislative definition of a place of legal positions of the Constitutional Court of the Russian Federation in system of sources of the right and the legislation. It is also specified in this article that two types of resolutions of the Constitutional Court of the Russian Federation possess normativnost, and lack of normativnost is established in definitions and the conclusions of the Constitutional Court of the Russian Federation, and also in dissenting opinions of judges of the Constitutional Court of the Russian Federation.

Keywords:

Constitutional court of the Russian Federation, legal positions, normativnost of decisions, dissenting opinion of judges