<<
>>

3.2.3. The representation in the Constitutional Court of the Russian Federation

the Representative is the participant of process in the Constitutional Court. Unlike other branches of the remedial legislation the legislation on the constitutional legal proceedings in details regulates a question of subjects of representation.
The law «About the Constitutional Court of the Russian Federation» subdivides representatives into representatives on posts and other representatives. The head of the body who has signed the reference in Konstitutsionnsh Court of the Russian Federation, the head of the body published the challenged certificate or participating in dispute on the competence, the official who has signed the challenged certificate, any member (deputy) of the Federation Council or the deputy of the State Duma from among made an inquiry can be representatives on a post according to article 53 FKZ «About the Constitutional Court of the Russian Federation». Also lawyers or the persons having a scientific degree on a legal speciality can be representatives of the parties. 163 On sense of article 53 of the Law «About the Constitutional Court of the Russian Federation» no other person can be the representative at disposal of legal proceeding in the Constitutional Court, including cannot carry out the functions legal representatives, that hardly it is possible to consider correct. Increased requirements to the persons, having the right to be representatives, are shown taking into account specificity and special complexity of the affairs considered by the Constitutional Court of the Russian Federation, taking into account jurisdiction. The requirement of high qualification korrespondiruet with restriction on quantity of representatives. Available restriction on quantity of representatives at each of the parties speaks that the considerable quantity of representatives will lead to a process tightening. Therefore the parties should aspire to that as more as possible qualified representatives were their representatives. Powers of representatives on a post prove to be true or the fact v Reference signings in the Constitutional Court, or discharge of duties of the head of the body which has published the challenged certificate. Such approach can lead up a blind alley, if from the moment of signing of the reference and till the moment of its consideration or awarding judgement the head who has signed the reference, was replaced. It is represented expedient to enter a universal order of acknowledgement of powers of the head for performance to them in process - for this purpose it should present to court the document confirming the fact of its election or appointment to the corresponding post. Acknowledgement of powers of other representatives is made by "corresponding documents». With what the law does not establish. Recognising that remedial representation is complex interbranch institute, powers of the lawyer should prove to be true the warrant of legal aid or the power of attorney, and other person, having the right to be the representative, - the power of attorney. The representation in the Constitutional Court is a part complex obshcheprotsessualnogo representation institute. The general questions of regulation of representation in the Constitutional Court correspond to representation regulation in remedial branches of law, the list of persons is given, I have - 164 shchih the right to be the representative, is underlined to operate 10 times acknowledgement of powers on behalf of represented, on sense of the legislation the actions made by the representative, are obligatory for represented in the same measure in what for it its own actions are obligatory. As the part of complex functional institute remedial representation is regulated, for example, by norms of a constitutional law regarding investment with powers of representatives chpo posts and the terminations of these powers, judicial organisations at an establishment of powers of lawyers, civil law regarding an order of delivery and the termination of the power of attorney for other representatives, and also norms of the legislation on the Constitutional Court regarding remedial activity of the representative.
<< | >>
A source: Khalatov, Sergey Aleksandrovich. Problems of representation in civil Legal proceedings / thesis. 2002

More on topic 3.2.3. The representation in the Constitutional Court of the Russian Federation:

  1. § 2.5. A concrete definition of norms of the law of master and servant in certificates of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation
  2. the Role of the Constitutional Court of the Russian Federation in constitutional law maintenance on average vocational training
  3. 2.1.2 Suffrages of subjects of the Russian Federation and legal positions of the Constitutional Court of the Russian Federation
  4. §2. Judicial-legal positions of the Supreme Arbitration Court of the Russian Federation and legal positions of the Constitutional Court of the Russian Federation
  5. §2. Judicial-legal positions of the Supreme Arbitration Court of the Russian Federation and legal positions of the Constitutional Court of the Russian Federation
  6. 2.1 Standards of international law, legal positions of the Constitutional Court of the Russian Federation, the federal legislation on elections and the suffrage of subjects of the Russian Federation
  7. 1. Development of judicial precedents by the Constitutional Court of the Russian Federation
  8. THE CHAPTER III. DOKTRINALNO-CONSTITUTIONAL THE CHARACTERISTIC OF JUDICIAL-LEGAL POSITIONS OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION AND ITS ACTIVITY AS HIGHER COURT OF JUSTICE
  9. the CHAPTER III. The DOKTRINALNO-CONSTITUTIONAL CHARACTERISTIC of judicial-LEGAL POSITIONS of the SUPREME ARBITRATION COURT of the RUSSIAN FEDERATION And ITS ACTIVITY AS HIGHER COURT OF JUSTICE
  10. § 3.2. Legal definiteness of positions and total conclusions of the Constitutional Court of the Russian Federation in system Russian ugolovnoprotsessualnogo the rights
  11. BIRJUKOVA Lyudmila Grigorevna. LEGAL POSITIONS of the CONSTITUTIONAL COURT of the RUSSIAN FEDERATION AS the SOURCE OF LAW: theory and practice questions. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2004, 2004
  12. CHAPTER 1. FASTENING OF BASES OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION IN CONSTITUENT AKTAHSUBEKTOV THE RUSSIAN FEDERATION
  13. §4. The Supreme Arbitration Court of the Russian Federation as the higher court of justice and the participant konstitutsionalizatsii systems of the Russian right
  14. §5. Konstitutsionno-legal value of activity of the Supreme Arbitration Court of the Russian Federation as higher court of justice
  15. §5. Konstitutsionno-legal value of activity of the Supreme Arbitration Court of the Russian Federation as higher court of justice
  16. § 1. The constitutional model of distribution of the legislative competence between the Russian Federation and subjects of the Russian Federation
  17. powers of the constitutional (authorised) vessels of subjects of the Russian Federation under the permission of selective disputes and perfection of the selective legislation of subjects of the Russian Federation and means of their realisation
  18. the Appendix 2. Number condemned under item 148 UK the Russian Federation (according to Judicial Department at the Supreme Court of the Russian Federation)