Сonstitutional legal proceedings in the human rights mechanism: features of the legal regulation of the subject and criteria for the admissibility of a constitutional complaint

Introduction. Introduction. Constitutional legal proceedings occupy a special place in the human rights mechanism. The place of constitutional justice in the system of the human rights mechanism is due to the fact that the legal relations that make up this element are law enforcement and are directly related to the commission of illegal actions by the subject of legal relations. Of great importance is the realization of rights and obligations, which is the behavior of subjects of certain legal relations. It is expressed in the form of compliance, performance and use. When trying to compare constitutional legal proceedings with other forms of administration of justice, it is worth noting that it is derived from other forms of judicial protection.

Materials and methods. The methodological basis of the research is formed by general scientific (analysis, analogy, classification, generalization of research materials) and private scientific (formal legal, comparative legal and technical legal) methods of cognition. Descriptive and comparative methods were also used. The works of M.V. Baglaya, A.V. Malko and A.A. Mishin served the general theoretical basis of the research.

Analysis. A constitutional complaint may not be filed against all normative acts. Acts of Ministries may not be the subject of a constitutional complaint. In case of appeal to the Constitutional Court of the order, which is also a regulatory legal act, the complaint will be declared inadmissible. In addition, the normative acts of local selfgovernment bodies also cannot be the subject of a constitutional complaint.

Results. The subject of the constitutional complaint in Russia has undergone significant changes. Initially, the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” defined the subject of the complaint as the law. Subsequently, regulatory acts were identified that may be the subject of consideration by the Constitutional Court of Russia.

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