B.A. Strashun
Doctor Of Law, Professor

Deputy Head Of The Scientific-Analytic
Centre Of Constitutional Justice
of the Constitutional Court f RF

The decisions of the Constitutional Court of the Russian Federation as a source of law

Summary

Doctor of law, Professor B. A. Strashun dedicated his report to the analysis of decisions of the Constitutional Court of the Russian Federation as a source of law, to the place of these decisions in the common system of sources of law in Russia.

From the point of view of the reporter in present reality the court decisions have a normative nature, and consequently, they supposed to be a source of law. Such nature of court decisions especially brightly is expressed in the activity of the Constitutional Court of the Russian Federation, which gives generally the obligatory, consequently, the normative interpretation of the Constitution of the Russian Federation, ceases the action of legal norms, recognized by it not corresponding with the Constitution and sometimes gives such interpretation of the present legislation, which serves as an indispensable condition of its constitutionality, has a normative significance for the law-implementer.

At the same time the author of the report does not agree with the affirmations that the decisions of the Constitutional Court have the nature of case-law; even in the cases, when the question is the decisions on concrete cases about constitutionality of legislative and some other legal norms of high level. He grounded this affirmation particularly by saying that no other court have the competence to solve such cases. All the more, he considers that the decisions of the Constitutional Court cannot be a case-law for the Constitutional Court itself.

Further in his report Mr. Strashun considers separately two kinds of final decisions of the Constitutional Court, as well as kinds of resolutions, sometimes having the final nature as a source of law, shows some concrete examples from the practice of the Constitutional Court of the Russian Federation.

However, in his opinion in most of the cases the decisions of the Constitutional Court, as normative acts, do not have the implementation, and it will take a lot of time and hard work to make the legislators, the officials of the executive power and the judges to address not only to "traditional" sources of law, but also to the decisions of the Constitutional Court of the Russian Federation while solving legal problems.