Взаимосвязь видов решений Конституционного Суда Российской Федерации, их оснований, целей и способов правового толкования

Журнал конституционного правосудия. 2012. № 3. С. 13–21.

Smirnov A. V.

The choice of an appropriate kind of decisions of the Russian Constitutional Court is connected with the means of legal interpretation used during its working out as well as with the grounds and aims of such a decision. A “negative” decision employs mainly the interpretation of sub-constitutional nature (on the level of legal branches and between them); it is based on the conclusion about the absence of indeterminacy in a legal norm and of a violation by this norm of individual rights. A «negative» decision is aimed at confirming constitutionality of the norm under examination. Either a «positive» content of a simple decision on inadmissibility is confined by sub-constitutional interpretation. Stating as its basis the absence of legal indeterminacy of the norm challenged, this decision is aimed at the protection of the applicant’s rights from improper application of the norm. A «positive» decision terminating the constitutional proceeding contains enlarged constitutional legal interpretation and is aimed at the elimination of passive legal interpretation of the norm, clarification of its constitutional legal sense, correction of legal application practice as well as procedural economy. A «positive» judgment is also aimed at the achievement of the same goals and besides, provides for the maximum publicity of proceedings before the Constitutional Court. A judgment recognizing a norm unconstitutional always contains a detailed constitutional legal interpretation of a norm, with the latter characterized by an active legal indeterminacy, and establishes a constitutional legal precedent.

 

Keywords: Конституционный Суд Российской Федерации