Constitutional Councils in the Republics of Yakutia, Adygea and Bashkiria

Abstract

Constitutional (charter) councils of the subjects of the Russian Federation are needed to replace the abolished constitutional (charter) courts of the subjects of the Russian Federation. The federal law turned out to be very short, so the status of these new state bodies turned out to be unclear. The legal status of constitutional (statutory) councils has tried to concretize legal scholars. They used the achievements of the legal doctrine of constitutional control and constitutional supervision. However, the legislators of the subjects of the Russian Federation have chosen their own unique path, which differs from theoretical ideas. Research objectives: to compare the experience of the status of constitutional councils in the republics of Yakutia, Adygea and Bashkortostan with others; comparison of the status of constitutional councils in the republics of Yakutia, Adygea and Bashkortostandrug with scientific ideas about special state bodies that carry out legal protection of the Basic Law.

The article highlights the following elements of the legal status of constitutional councils: the procedure for electing and term of office of constitutional councilors; competence of constitutional councils; the place of constitutional councils in the system of public power.

It is concluded that there are different approaches to the appointment of members of the constitutional (statutory) councils of the constituent entities of the Russian Federation. It is proposed to replicate the experience of appointing constitutional advisers in the Republic of Adygea (in this case, it is proposed to establish a wide list of bodies and organizations authorized to nominate candidates for constitutional (statutory) advisers).

The lack of competence of the Constitutional Council of the Republic of Adygea is stated. There is a small number of subjects authorized to submit appeals to the Constitutional Council of the Republic of Bashkiria. The recommendatory nature of the decisions of all constitutional councils is also criticized. The conclusion is made about the impossibility of determining the place of constitutional councils in Yakutia, Adygeya and Bashkiria in the system of public power. They do not have power powers, therefore they cannot be attributed to either the legislative, or the executive, or the judicial branch of state power.