The Problems of Delimitation of Judicial Powers between the Courts of General Jurisdiction and Regional Constitutional (Charter) Judicial Authorities

Abstract

The article deals with the issues of correlation of constitutional (charter) justice and administrative proceedings exercised by courts of general jurisdiction while implementing judicial control. Having interpreted the provisions of Federal Constitutional Law «On the Judicial System of the Russian Federation» and the Russian Code of Administrative Proceedings, the authors show the shortcomings inherent in the current legal regulation of the competence of the judiciary, its inaccuracy, which leads to possibility of different interpretations of the rules. The norms of the Code of Administrative Proceedings may create so-called dual jurisdiction when the same case falls into the jurisdictions of a court of general jurisdiction and a regional constitutional (charter) court. To prevent such a situation, in those sub-federal entities where regional constitutional (charter) courts are created it is the responsibility of these courts to deal with cases contesting normative legal acts of regional and local levels. For this purpose the authors substantiate the need to improve the regulation of the powers of courts of general jurisdiction in the field of administrative law control, taking into account related institutions of constitutional justice. In particular, they propose some amendments to the Law of the Sverdlovsk region «On the Charter Court of the Sverdlovsk region».