New legal regulation of the institution of constitutional complaint in the Russian Federation: trends and problems

Abstract

Based on the analysis of a wide range of sources, the article presents the author's position on the trends associated with the improvement of legislative regulation of the institution of constitutional complaint in the Russian Federation. The author build a logical chain of reasoning, which includes a characteristic of the changes that have occurred in the regulation of the institution under study, the determination of the corresponding positive and negative consequences of such changes on the basis of dialectical methodology. Conclusions are made about the consistent implementation by the legislator of the approach to a constitutional complaint as a special, extraordinary means of protecting the rights and freedoms of citizens, which is implemented subsidiary: only when other methods of protection (including judicial) did not lead to the restoration of violated rights. At the same time, the point of view is substantiated that the legal positions of the Constitutional Court of the Russian Federation concerning the interpretation of individual elements of the institution of constitutional complaint, expressed in its decisions, also serve as a kind of guideline for the legislator when developing new norms in the area under study.