Кодекс административного судопроизводства Российской Федерации о разграничении подведомственности и особенностях взаимодействия между судами общей юрисдикции и органами конституционного правосудия

DOI:

Received:

Published:

Abstract: The subject of the research is a range of norms of the Code of administrative proceedings of the Russian Federation regulating the delimitation of jurisdiction of cases on challenging normative legal acts between the courts of general jurisdiction and the bodies of constitutional justice. The article shows the possible problems, caused by the legal regulation of the grounds and the procedure of a court of general jurisdiction making an inquiry about the considered administrative case to the Constitutional Court of the Russian Federation, and the peculiarities of use of administrative proceedings for the provision of the enforcement of the decisions of the bodies of constitutional justice. The author uses the general scientific (dialectical, systems) and the special (comparative legal, formal-legal) methods, helping to identify the main problems in the delimitation of jurisdiction and interaction between the courts of general jurisdiction and constitutional bodies, to detefine the ways of their solution. The scientific novelty of the article lies in the substantiation of the need for the improvement of implementation of the regulation limits of the powers of courts of general jurisdiction in the field of normative control considering the content of the related institutions of constitutional proceedings. The author shows the shortcomings of the current legislative regulation of the competence of the judicial bodies (incompleteness and inaccuracy of certain norms, the possibility of different interpretations, substantial inconsistency of regulations with certain legal positions of the Constitutional Court, and others), and proposes the measures of these shortcomings elimination.

Keywords: