The Constitutional Court of the Russian Federation

  The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional. The jurisdiction of the Constitutional Court is the observance over compliance with the Constitution of the Russian Federation, acts of the Federation Council, of the State Duma, of the Russian Federation Government, Constitutions of Republics of the Russian Federation and a number of other normative legal acts. The Constitutional Court may rule on the legal matters when that is stipulated by the Federal Constitutional Law.

  Among persons that may file their claims to the Constitutional Court are the President of the Russian Federation, the State Duma, one-fifth of the members of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the High Arbitrazh Court of the Russian Federation, the bodies of legislative and executive power of the subjects of the Russian Federation, individuals, groups of individuals and legal entities. The named persons may file their claims to the Constitutional Court in case their constitutional rights and freedoms were infringed by a law enforced or to be enforced in a particular legal case.

  While filing a personal or joint complaint to the Constitutional Court one should keep in mind the following peculiarities of jurisdiction of this court: first, it must be law and not other legal acts that infringes or has infringed rights and freedoms of the plaintiff. Here the law is understood as federal constitutional laws, federal laws, constitutions and statutes of the subjects of the Russian Federation. Normative legal acts of Ministries are appealed against in courts of general jurisdiction; second, it must be constitutional and not other rights and freedoms that are infringed by the law; third, the law appealed against has enforced or is to be enforced in a particular legal case already considered or being considered by a court or other juridical body.

 

 

2. Answer the following questions. Give full answers.

1. What is the essential function of the Constitutional Court? The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional.

2. What laws are in the jurisdiction of the Constitutional Court? The jurisdiction of the Constitutional Court is the observance over compliance with the Constitution of the Russian Federation, acts of the Federation Council, of the State Duma, of the Russian Federation Government, Constitutions of Republics of the Russian Federation and a number of other normative legal acts.

3. How may the Constitutional Court exercise its jurisdiction? The Constitutional Court may rule on the legal matters when that is stipulated by the Federal Constitutional Law.

4. In what cases may the claims be filed with the Constitutional Court? The named persons may file their claims to the Constitutional Court in case their constitutional rights and freedoms were infringed by a law enforced or to be enforced in a particular legal case.

5. Who is allowed to file their claims with the Constitutional Court? Among persons that may file their claims to the Constitutional Court are the President of the Russian Federation, the State Duma, one-fifth of the members of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the High Arbitrazh Court of the Russian Federation, the bodies of legislative and executive power of the subjects of the Russian Federation, individuals, groups of individuals and legal entities.

6. What peculiarities of jurisdiction are important to observe while filing a complaint with the Constitutional Court? While filing a personal or joint complaint to the Constitutional Court one should keep in mind the following peculiarities of jurisdiction of this court: first, it must be law and not other legal acts that infringes or has infringed rights and freedoms of the plaintiff.

 

3. Translate in writing Paragraph 3.

При подаче личной или совместной жалобы в Конституционный суд необходимо учитывать следующие особенности юрисдикции этого суда: во-первых, это должен быть закон, а не другие правовые акты, которые нарушают или нарушают права и свободы истца. Здесь под законом понимаются федеральные конституционные законы, федеральные законы, конституции и уставы субъектов Российской Федерации. Нормативные правовые акты министерств обжалуются в судах общей юрисдикции; во-вторых, это должны быть конституционные, а не другие права и свободы, нарушаемые законом; в-третьих, обжалованный закон был применен или должен применяться в конкретном судебном деле, уже рассматренном или рассматриваемом судом или другим юридическим органом.

4. Decide whether the following statements are true (T) or false (F) according to the information given in the text. Complete the box by printing your answers into it.

1. The main function of the Constitutional Court is to enforce the laws and normative legal acts of Ministries.

2. The claims to the Constitutional Court may only be filed when individual constitutional rights are not exercised.

3. Civil cases are most often tried in the Constitutional Court.

4. Any citizen of the Russian Federation may file a complaint with the Constitutional Court.

1	2	3	4
F	T	F	T

 

 

5. Complete the box by matching the verbs with words or phrases.

1. to administer a. legal relations

2. to abolish b. a dispute

3. to examine c. a sentence

4. to resolve d. justice

5. to file e. jurisdiction

6. to infringe f. a claim

7. to appeal to g. the law

8. to deal with h. a case in substance

9. to bring in i. constitutional rights

10. to exercise j. a higher court

 

1	2	3	4	5	6	7	8	9	10
a	c	e	b	f	i	g	h	j	d

 

6. Complete the box by matching terms to their definitions.

1. infringe	a. the extent of the power to make legal decisions
2. stipulate	b. a formal request to a court for a decision to be changed
3. compliance	c. to officially settle an argument between two people or groups
4. legal action	d. to break the terms of a law or agreement
5. appeal	e. to officially end the observance or effect of a law
6. jurisdiction	f. a process to have a court of law settle an argument; a lawsuit
7. arbitrate	g. to demand as part of an agreement
8. abolish	h. the practice of obeying rules made by people in authority

 

1	2	3	4	5	6	7	8
d	g	c	a	b	h	f	e

 

7. Complete the box by choosing the correct option.

1. The court is a state body that … justice on behalf of the state.

a) pursues; b) denies; c) administers; d) obstructs

2. Deputies of the State Duma may not be employed in state service or engaged in other … activities

a) social; b) political; c) illegal; d) paid

3. Land can be in private, state, municipal and other forms of …

a) property; b) ownership; c) authority; d) possession

4. Higher courts hear and determine cases of … importance.

a) minor; b) lesser; c) negligible; d) major

5. The President has the right to … elections ahead of time.

a) declare; b) announce; c) arrange; d) rig

6. The decisions of a higher court are … upon lower courts.

a) binding; b) obligatory; c) compulsory; d) mandatory

7. The authorities of the … entities have the right to pass laws independently from the federal government.

a) legal; b) business; c) corporate; d) constituent

8. The dispute has been transferred to the appropriate court for its ….

a) discussion; b) suspension; c) resolution; d) approval

9. A court in which a case is first heard is called the court of first ….

a) decision; b) resolution; c) dispute; d) instance

10. The case was … by legal entities engaged in business activity.

a) filed; b) tried; c) heard; d) handled

 

1	2	3	4	5	6	7	8	9	10
a	b	a	d	c	b	d	d	d	c

 

8. Complete the box by choosing the right preposition.

1. The decisions of a higher court are binding … lower courts.

a) to; b) in; c) with; d) upon

2. It is possible to appeal to a higher court … reconsideration of the decision of the original court.

a) to; b) for; c) with; d) upon

3. Elections of a new President are to take place … three months.

a) in; b) for; c) within; d) with

4. President appoints diplomatic representatives … approval by the Parliament.

a) in; b) to; c) with; d) for

5. If a court hears appeals … a lower court it is said to have appellate jurisdiction.

a) from; b) of; c) for; d) with

6. Cases can arise … civil, family or labour relations in courts of general jurisdiction.

a) with; b) for; c) from; d) in

1	2	3	4	5	6
d	f	a	c	c	c

 

9. Complete the box by choosing appropriate modal verbs must, can, may in the sentences below.

1. The judges are independent and they … obey the law.

2. Without the Federation Council approval, military forces … not be used outside the country.

3. Any court … sit as a court of first instance.

4. During the hearing of a case any citizen … enter the courtroom and be present during the trial.

5. A court has original jurisdiction if a case … be completely heard before it.

6. There are certain cases where the Municipal Judge … hear the case with two assessors.

 

1	2	3	4	5	6
must	can	may	may	can	may

 

10. Complete the box by putting the verbs in brackets into passive forms.

1. A decision of the House of Lords can (overturn) only by the government.

2. His application for the post of senior legal adviser (accept).

3. Even when laws (write) down, they ought not always to remain unaltered.

4. The Chairman’s candidate (appoint) by the President with the consent of the State Duma.

5. The County Courts (intend) to provide a means of recovering small debts when they came into existence in 1846.

6. Claims under £50, 000 likely (deal) with by the County Courts.

7. The court session began at 9:00 a.m. Only five witnesses (testify) since then.

8. A draft budget (present) by the government to (discuss) by the State Duma next week.

 

1	2	3	4	5	6	7	8
Be overturned	Was accepted	Are written	Was appointed	Was intended	Are dealt	Have been testified	Was presented be discussed