Judgment Reviews Law at Russia
In Russia, judicial review is primarily exercised through the Constitutional Court and the Supreme Court, each with distinct roles and limitations.
⚖️ Constitutional Court of Russia
Established in 1991, the Constitutional Court of the Russian Federation is tasked with ensuring that laws and decrees align with the Constitution. It can declare federal laws, presidential decrees, and governmental acts unconstitutional, rendering them unenforceable. However, the Court's jurisdiction is limited to cases brought before it; it cannot initiate reviews independently. Cases may be submitted by the President, government, federal legislative bodies, the Supreme Court, or regional legislative bodies. Additionally, individuals can challenge laws if they believe their rights are violated by them.
🏛️ Supreme Court of Russia
The Supreme Court serves as the highest appellate court and oversees the judiciary's functioning It has original jurisdiction over certain cases, such as challenges to federal laws and presidential decrees, and disputes involving political parties and NGOs The Court also reviews decisions from lower courts, ensuring consistency and adherence to the lawceedings
Russia's Code of Administrative Court Proceedings (Federal Law No. 21-FZ, 2015) outlines the process for judicial review in administrative matter. Article 332 permits the review of judicial decisions through supervisory procedures, allowing higher courts to oversee and correct lower court ruling.
⚠️ Limitations and Concerns
Despite these mechanisms, the effectiveness of judicial review in Russia is often questione. Critics argue that the judiciary lacks independence, with courts sometimes acting as extensions of the executive branc. Notably, in 2015, the Constitutional Court ruled that Russia could disregard judgments from the European Court of Human Rights if they conflicted with the Russian Constitution, highlighting tensions between domestic and international legal obligation
🏁 Conclusion
While Russia has established institutions for judicial review, their independence and effectiveness are subjects of ongoing debae the interplay between constitutional oversight and political influence continues to shape the landscape of judicial review in the county.
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