-
Nov 9, 2020
-
Jan 15, 2020In free access for the first time
-
Apr 16, 2017Russian court practice in English
-
Jun 21, 2013“I propose to merge the Supreme Court of the Russian Federation and the Supreme Commercial Court, for which it will be necessary to make amendments to the Constitution of Russia”
-
May 18, 2013"The legal positions formulated by the Presidium and Plenary Session of the Supreme Commercial Court, - they are not only a guidance how to act, but also drafts for future court decisions"
-
Feb 6, 2012“А certain element of “the law of precedent” will serve as a factor of incessant improvement of court”
-
Jul 25, 2014“Theory knows such kind of interpretation as an interpretation contra legem, when a court interprets a law contrary the latter’s literal meaning”
-
Jun 17, 2014“Let us say that we have a super-precedential law. I mean certain “traditions” in judges’ behaviour, certain attitude towards the authority of the superior court”. (Full version)
-
May 22, 2014“It is impossible not to touch upon recently observed attempts of a significant part of legal community to introduce into Russian law-creation practice the elements of the Anglo-Saxon law of precedent”
Subject area
Ruling of the Constitutional Court of 14 January 2014 № 7-O on the refusal to accept for consideration the petition of citizen Ivanov on the violation of his constitutional rights by the provisions of the Law of Novgorod Region “On the Elections of the Governor of Novgorod Region”
Court:
Constitutional Court
Legal issue: whether the prohibitiоn against self-nomination in the elections of a governor is constitutional.
Ratio decidendi: the right of the citizens to take part in the procedure of filing the position of the governor by way of self-nomination does not flow from the Russian Constitution, and therefore the lack of such opportunity for a citizen does not testify to the violation of his constitutional rights and freedoms. Since is no uncertainty as to whether such prohibition conforms to the Constitution of not, the petition cannot be accepted for consideration.
Dissenting opinion:
-
When regional legislator prefers to fill the position of the governor through elections, he must guarantee to citizens the right to elect and be elected, and its restriction may be justified only by constitutionally significant purposes. In spite of the importance of political parties as collective participators of the electoral process, they may not claim a monopoly with respect to the issues of selection and nomination of candidates to elective offices.
(191.55 Kb)