N. V. Vitrouk Doctor of Law, Professor
Judge of the Constitutional Court of
the Russian Federation

The purpose, tasks and functions of the constitutional justice in the states of new democracy

Conscious activity always has a purpose, which is concretized and expresses in its tasks. The purpose and tasks of the activity of the constitutional courts are very close to each other by their contents. However, the distinction between the purpose and tasks of the activities of the constitutional courts is quite possible and necessary. The purpose is foreseen for a long, strategic perspective of functioning of the constitutional court, which is concretized and realized through definite tasks. The tasks of constitutional justice, the functioning of constitutional courts are to provide and to protect the foundations of the constitutional order, fundamental constitutional ideals and values. The purpose and tasks of the constitutional courts are inseparably connected with the functions of the constitutional justice, that is with the basic directions of activity of the constitutional courts, in which they find their realization, concrete embodiment. In the rule of law states the realization of the functions of the constitutional justice is possible only through carrying out the powers of the constitutional courts, determined by the Constitution and the special laws on the constitutional court. The author has mentioned the following functions of the constitutional justice:

1. The interpretation of the Constitution, which is the one of the basic functions of constitutional justice in the states of new democracy. The given function of constitutional justice is realized through all the powers of the constitutional courts and through special power of the official interpretation on the request of competent subjects of law on such interpretation within frameworks of special constitutional proceeding.
2. The most important function of constitutional justice, realizing by all constitutional courts of the states of new democracy, is the constitutional control, that is to decide on the conformity of laws and other legal normative acts, international and domestic treaties, as well as the decisions and actions of public officials and public bodies, including judiciary, with the Constitution.
3. The establishment of the competence of public bodies is one of the important functions of constitutional justice.
4. The priority function of constitutional justice is to protect human and citizen's rights and freedoms on the complaints of citizens and other persons, and on the request of the courts.