Appendices
The appendix 1. The PROJECT of the FEDERAL CONSTITUTIONAL LAW About MODIFICATION Of the FEDERAL CONSTITUTIONAL LAW «About the CONSTITUTIONAL COURT
THE RUSSIAN FEDERATION »
The project
THE RUSSIAN FEDERATION
THE FEDERAL CONSTITUTIONAL LAW
About modification of the Federal constitutional law «About the Constitutional Court of the Russian Federation» (regarding perfection of rules about proving and proofs)
To bring in the Federal constitutional law from July, 21st, 1994 № 1 FKZ «About the Constitutional Court of the Russian Federation» following changes:
1) a part of 1 article 74 to state in the following edition:
«Decisions of the Constitutional Court of the Russian Federation should be based on the materials investigated by the Constitutional Court of the Russian Federation and the parties».
2) a part of 2 articles 47.1 to add with position of the following maintenance:
«Procedure of adjudication without hearing carrying out is not applied, if for a full and all-round legal investigation examination appointment, a call and interrogation of witnesses or research of written evidences is required at direct participation of the parties».
3) to add article 63 with position of the following maintenance:
«The constitutional Court of the Russian Federation has not the right to substitute expert judgements for the professional opinions received according to article 50 of the present Federal constitutional law if for finding-out of circumstances of the case in point the conclusion of the person possessing special knowledge of areas is required, not connected with jurisprudence».
4) to add with article 69.1 of the following maintenance:
«Article 69.1. Research of questions of business, hearing on which have been declared by finished
If during breaking case on acceptance of the total decision necessity of research of questions of the business which have been not considered in session of the Constitutional Court of the Russian Federation with participation of the parties is found out, the Constitutional Court of the Russian Federation can make the decision on carrying out of additional hearings. The notice on additional session of the Constitutional Court of the Russian Federation, the list of questions which are offered to be discussed in addition, and other materials go to judges, the parties and other participants of process not later than ten days prior to the beginning of session ».
The president of the Russian Federation
The appendix 2. The PROJECT of the DECISION of the CONSTITUTIONAL COURT of the RUSSIAN FEDERATION About MODIFICATION Of REGULATIONS of the CONSTITUTIONAL COURT of the RUSSIAN
FEDERATIONS
The project
THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
THE DECISION
About modification of Regulations of the Constitutional Court
The Russian Federation
The constitutional Court of the Russian Federation, having considered in session according to articles 3, 21 and 28 Federal constitutional laws «About the Constitutional Court of the Russian Federation» a question on modification of Regulations of the Constitutional Court of the Russian Federation, accepted by the Decision of the Constitutional Court of the Russian Federation from March, 1st, 1995 № 2-1/6 (in edition of the Decision of the Constitutional Court of the Russian Federation from October, 10th, 2017), has solved:
1) point 2 § 42 to add with the paragraph of the following maintenance:
«Judges of the Constitutional Court and the party have the right to set questions to the persons invited in session. With the permission of the Constitutional Court the same possibility can be given experts».
2) point 1 § 43 to add with the offer of the following maintenance:
«If at a stage of preparation of business to hearing according to § 34 present Regulations were given the commission about examination carrying out, the notice
Experts about carrying out of hearing of business and their call in session of the court is obligatory ».
3) § 53 to add with point of the following maintenance:
«4. The judge-lecturer directs to the parties also documents and the materials received by the Constitutional Court independently, provided that they contain actual data which decisions of the Constitutional Court can be taken as a principle.
The constitutional Court can put before the parties questions, including connected with case in point actual facts, with the offer in week term from the date of their reception to present to the Constitutional Court answers. The received answers within two working days go the judge-lecturer to other party.
The constitutional Court also can direct to the parties concrete data on the facts as which will consider essential to adjudication, with the offer in week term from the date of their reception to state them an estimation. The received answers within two working days go the judge-lecturer to other party ».
The chairman of the Constitutional Court of the Russian Federation
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