THE GENERAL PRINCIPLES OF THE RIGHT IN PRACTICE OF CONSTITUTIONAL COURTS OF SUBJECTS OF THE RUSSIAN FEDERATION


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Abstract

The article is devoted to the general principles of law and the specifity of their representation in the decisions of constitutional courts of the subjects of the Russian Federation. The analysis of judicial acts passed by the constitutional courts of the subjects of the Russian Federation allowed to reveal the role of the constitutional courts of the subjects of the Russian Federation in development of the complex juridical structure of the initial principles of law or the separate elements of such structure. The author, while considering certain select judicial acts of the constitutional courts of the subjects of the Russian Federation, discovered some peculiarities of interpretation of the general principles of law that allows to cover the sphere of public relations affected by these principles. In some judicial acts of the constitutional courts of the subjects of the Russian Federation we can reveal the juridical structures of certain select legal principles that allows to characterize their integral legal constitution. The analysis of judicial acts of the constitutional courts of the subjects of the Russian Federation allows to define the significant role of the constitutional courts of the subjects of the Russian Federation in a uniform interpretation of legal principles that allows to show the sphere of public relations covered by certain select principle of law more complete, to disclose their legal structure that is the main issue allowing to regulate public relations. It contributes in consolidation of legality in a legal state declared by the constitution. Besides, the author makes a conclusion that the most complete legal structure of legal principles, including the general principles of law, consists of determination of the subjects and the objects of legal relations according to their implementation, content, principle of action, system connections with other principles of law, mechanism and legal guarantee of their implementation.

About the authors

Gulnara Rushanovna Khabibulina

Kazan (Volga Region) Federal University, Kazan

Author for correspondence.
Email: kons-kafedra@yandex.ru

Associate Professor of the Department of Constitutional and Administrative Law

Russian Federation

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