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Constitutional Justice in the Subjects of Russia P. 6-15

Jane Henderson Senior Lecturer of the Dickson Poon School of Law and the Russia Institute, King’s College, London, UK

Marina L. Belykh Candidate of Law, Associate Professor, Director of Law Clinic, Institute of Justice, Ural State Law Academy; Chair of Constitutional Law Department, the Charter Court of Sverdlovsk Region, Yekaterinburg, Russia

Russia has a Federal Constitution and regional constitutions (charters) with chapters on Human Rights according to the international standards. Th e Federal Constitutional Court, 14 regional constitutional courts and 3 charter courts have made a signifi cant contribution to the human rights protection, using arguments from international law. Th e Federal Constitutional Law on the Judicial System of 1996 gave a right, although not a duty, for the individual federation subjects to create a constitutional (or charter) court to oversee conformity to the local constitution or charter. For instance, Article 2 of the Charter of Sverdlovsk Region declares that “all the rights and freedoms of citizens enshrined in the Constitution of the Russian Federation shall be guaranteed”, and the paper will show that despite the comparatively small number of cases the Court deals with each year, it has made a signifi cant contribution to protection of rights in its region, including socio- economic and political rights, such as those relating to labour law, pensions, travel benefi ts, housing, urban development and similar.

Introduction

Constitutionalism is of growing importance throughout the world. For example, international tribunals are now said to be treating some rules of international law as if they had broader constitutional effect[1]. However, this paper is not focusing on international tribunals, but rather on regional constitutional justice as implemented by Constitutional and Charter Courts of subjects of the Russian Federation. Nevertheless, there is something of an international theme, as one aspect which we will explore is the application of international human rights law by such courts as they endeavour to support the rule of law in its impact on citizens living within the territory of their particular subject of the Federation. We should note that Article 15(4) of the Constitution of the Russian Federation of 1993 states that:

Generally recognised principles and norms of international law and international treaties of the Russian Federation shall be an integral part of its legal system. If other rules have been established by an international treaty of the Russian Federation the provided for by a law, the rules of the international treaty shall apply[2].

Also, Article 17(1):

The rights and freedoms of man and citizen according to generally recognised principles and norms of international law and in accordance with the present constitution shall be recognised and guaranteed in the Russian Federation[3].

Thus, all courts, including regional Constitutional and Charter Courts, are empowered to apply international legal instruments in their decisions.

 

Constitutional and Charter Courts

Article 27 of the Federal Constitutional Law on the Judicial System of 1996 gave a right, although not a duty, for the individual subjects of the Russian Federation to create a Constitutional (or Charter) Court to oversee conformity to their local Constitution or Charter. This Federal Constitutional Law went into force on 1 January 1997, but even before that date there were some local Constitutional Courts. Initially there were some local Constitutional Supervision Committees, modelled on the USSR Constitutional Supervision Committee, created in 1990 (following legislation in 1989), before the establishment of the first true Constitutional Court in the RSFSR in 1991.

In what Alexei Trochev describes as the “first wave of regional court- building April 1990–October 1993 ... eight Russian republics followed the federal constitutional court template and entrenched constitutional courts in their constitutions. In Dagestan, Sakha, Chechnya, and Mordoviia these courts quickly began their work”[4].

In the “second wave of regional court-building April 1994–January 1997” Kareliia, Komi, and Buriatia established courts, and then in the “third wave”, following the entering into force of the Federal Constitutional Law on the Judicial System in January 1997, nine regions formed their own judicial review bodies[5]. Trochev was thus able to report in his article published in 2004: of the [then] eighty-nine regions, fifty-six established courts in their constitutions/charters, twenty passed court statutes, and seventeen of those created courts in reality, two of which failed[6].

In a study published in 2008 by the current author, it was noted that in the then 85 subjects of the Russian Federation there were fifteen such courts: twelve in republics, one in a federal city and two in regions[7]. At the current time, the section of the website of the Constitutional Court of the Russian Federation which deals with “agencies of constitutional control of the subjects of the Russian Federation” lists 18 such courts[8] – 14 Constitutional Courts in republics, and 4 Charter Courts in three regions: Sverdlovsk, Chelyabinsk and Kaliningrad , and one in St. Petersburg, a city of federal significance[9]. The most recent Court went into operation in 2011, in Cheliabinsk. In some regions the laws have been passed, but no court has been set up; for example, there was a law in 1999 to establish a Charter Court in the Krasnoyarsk Territory, similarly in 1998 in the Tyumen region and in 1997 in the Khanty-Mansi Autonomous District, but in none of these are there actual courts.

 

The Use of International Law in Federal Courts

Before turning to some examples of local Constitutional and Charter Courts applying international law, it may be interesting to give brief consideration to the use of international law in courts at the federal level. There have been some studies of reference by the Constitutional Court of the RSFSR, and subsequently by the Constitutional Court of the Russian Federation, to international law. The current author surveyed the decisions of the Constitutional Court of the RSFSR[10]. This showed, “There were some citations of international legal instruments but whilst welcome these were window-dressing than dispositive”[11].  “Out of the 23 Court decrees international legal obligations are only mentioned in 5”[12]. It was also noticeable that almost all the references to international law were made in the period before the RSFSR Constitutional Court took seven months to hear the case concerning the constitutionality of the Communist Party of the Soviet Union: “before that, half the cases refer to international law; after that, with the one exception, none of the remaining 15 cases give even a nod in the direction of international legal obligations or rights enshrined in international instruments”[13].

Russia became a member of the Council of Europe on 28 February 1996, and on 30 March the federal law of the Russian Federation “On the Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols to It” entered into force, leading to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (ECHR) going into force in Russia in November 1998[14]. As a result, individual Russians now have the right to petition the European Court of Human Rights (ECtHR) in Strasbourg (provided local remedies have been exhausted). Although it took some time before the Court was deciding cases brought by Russian citizens, Alexei Trochev in his 2009 article “All Appeals Lead to Strasbourg? Unpacking the Impact of the European Court of Human Rights on Russia”[15] claims that “The European Court of Human Rights (ECtHR), a judicial arm of the Council of Europe based in Strasbourg, France, is the most popular court in Russia today”[16].

Important for this current paper, though, is the fact that the ECHR has direct effect in Russia.  Anton Burkov has conducted a number of studies of the application of the ECHR in Russian courts, and in particular the extent to which the jurisprudence of the ECtHR has been applied[17]. In his book published in 2007, overall he “remained unimpressed because of the lack of sophistication in the arguments used in decisions, and the courts’ failure to engage with ECtHR case law”[18].

 

The Use of International Law in Local Constitutional and Charter Courts

This study does not comprehensively survey of all regional Constitutional and Charter Courts, but rather it has picked some examples to show the range of international legal instruments which have been cited in the decisions (judgments – postanovleniia) of the Courts. An analysis of these decisions of the local Constitutional and Charter Courts of the Russian Federation indicates that some courts have referred to international sources in their decisions, for example, the Charter Court of the Sverdlovsk region[19], the Charter Court of St. Petersburg[20], the Charter Court of the Kaliningrad Region[21], and others. Some courts, in particular the comparatively recently established Charter Court of Chelyabinsk Region, do not mention international law.

Considering the international legal instruments referred to in judgments of Charter Courts of the Russian Federation, we may list the following:

The European Charter of Local Self-Government on October 15, 1985 , ratified by the Federal Law of April 11, 1998 number 55 of the Federal Law "On ratification of the European Charter of Local Self-Government"; The Universal Declaration of Human Rights; The European Social Charter; The European Convention for the Protection of Archaeological Heritage of 6 May 1969; The International Labour Organisation (ILO) Protection of Wages Convention of 1 July 1949; the ILO Maintenance of Social Security Rights Convention, 1982 (No. 157) (adopted in Geneva on 21 June 1982; entered into force for the Russian Federation, on 11 September 1986 ); the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102); the United Nations 1966 International Covenant on Economic, Social and Cultural Rights (ratified by the USSR in 1973); the United Nations Convention on the Rights of the Child , adopted by the UN General Assembly on 20 November 1989; the UN Educational, Scientific and Cultural Organisation (UNESCO) Convention Concerning the Protection of the World Cultural and Natural Heritage of 1972 (ratified by the USSR in 1988); the Declaration on the Rights of Disabled Persons , adopted by the UN General Assembly (Resolution 3447 (XXX) of 9 December 1975; ratified by the Russian Federation in 2012 ); and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the UN General Assembly on December 20, 1993, etc.

  Looking now more closely at some examples of the particular regional Constitutional and Charter Courts applying international law, we may hold up as exemplary the practice of the Constitutional Court of the Republic of Tatarstan. The Constitutional Court of the Republic of Tatarstan referred to international legal sources in all the decisions that were made by that Court in 2011, 2012[22], 2013[23]. This may be contrasted, for example, with the Charter Court of the Chelyabinsk Region, which as already noted from its exception in 2011 has not given any judgment which referred to international sources. Amongst others the Constitutional Court of the Republic of Tatarstan utilised legal analysis of the following international sources:

- Universal Declaration of Human Rights of 10 December 1948.

- International Covenant on Economic, Social and Cultural Rights of 16 December 1966.

- International Covenant on Civil and Political Rights of 16 December 1966.

The Constitutional Court of the Republic of Tatarstan also analysed the enforcement practice of the United Nations Human Rights Committee , which monitors implementation of the International Covenant on Civil and Political Rights of 16 December 1966. Other United Nations instruments to which it referred are: the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (adopted on 25 November 1981 Resolution 36/55 at the 73th plenary meeting of the General Assembly); the Convention on the Rights of Persons with Disabilities of December 13, 2006 (ratified by the Federal Law dated 3 May 2012 No. 46-FZ ); and the Convention on the Rights of the Child of 20 November 1989 (ratified by the Supreme Soviet of the USSR on 13 June 1990 No. 1559 -I).

The Tatarstan Constitutional Court also applied the ECHR, as well as appropriate case law of the European Court of Human Rights.

In this respect we may contrast the Constitutional Court of the Republic of Tatarstan with the Charter Court of the Sverdlovsk Region. Since the latter was established in May 1998 up to January 1, 2014, the Charter Court of Sverdlovsk Region issued 100 decisions. Of these, 8 contain analysis of international sources: in detail by date – in 1998 one decision[24]; in 1999, 2 decisions[25]; in 2000 – 2 decisions[26]; during the period from 2001 to 2008 – no reference to international law; in 2009 – 2 decisions[27]; 2010 – 1 decision[28]; in 2011-2013 — no reference in decisions to international law. However, it is interesting to note that, of the eight decisions mentioning international law, there were none in which there was any reference either to decisions of the European Court of Human Rights or the ECHR. However, the Charter Court of Sverdlovsk Region did apply to the Universal Declaration of Human Rights; The European Social Charter; The International Covenant on Economic, Social and Cultural Rights; and conventions and recommendations of the International Labour Organization, inter alia.

  Two other examples will be given of local Constitutional or Charter Courts which have utilised international law. In a case in 2003, the Charter Court of St. Petersburg has applied the provisions of the European Charter on Local Self-Government[29]. The same court in a case from 2002[30] referred to the International Covenant on Economic, Social and Cultural Rights of December 19, 1966.

The Charter Court of Kaliningrad region in a case in 2010[31] referred to the Convention on the Rights of the Child approved by the UN General Assembly, November 20, 1989, the Declaration on the rights of persons with disabilities, adopted December 9, 1975 year Resolution 3447 (XXX) of the UN General Assembly; and The Standard Rules on the Equalisation of Opportunities for Persons with Disabilities, adopted by the UN General Assembly, December 20, 1993. This is not the only Kaliningrad Charter Court case which used international legal instruments; it has just been selected to show the cumulation of different international human rights provisions which may be relevant to a particular case.

 

Conclusion

It is difficult to generalise about the application of international law by regional Constitutional and Charter Courts. This is because there are quite different practices in the courts surveyed, and obviously it will depend on the type of case brought before the court as to whether any international law is relevant. However, it seems at first glance that the Courts are more likely to look to international law emanating from such bodies as the United Nations Organisation and the International Labour Organisation – agencies of which the USSR and hence Russia have been members for decades – rather than, for example, the Council of Europe, which Russia only joined in 1996, and whose legal instrument – the ECHR, and associated jurisprudence of the European Court of Human Rights – is only just at the early stages of being integrated into court considerations in Russia at the federal level.

It is heartening that regional bodies of constitutional justice are looking at international human rights instruments. This stands in strong contrast to the situation in Soviet times, where, for example, even after the USSR had ratified in 1973 the two 1966 United Nations Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights, they were not regarded as relevant to the domestic Soviet legal system. (The one reference in the 1977 USSR Constitution to human rights and fundamental freedoms was in article 29, in the chapter on Foreign Policy.)

The activity of regional Constitutional and Charter Courts is positive, and bolstering human rights through the use of international law is beneficial not only for the citizens, but for the state as a whole. As was rightly pointed out by the Chairman of the Charter Court of Sverdlovsk Region, Vadim Panteleyev, “Each case at the Constitutional or Charter Court affects the whole layer of social relations and affects the rights of tens or even hundreds of people, allowing the burden on other courts to be reduced”[32]. This is clearly a win-win situation, and it is hoped that in the future all local Constitutional and Charter Courts will take the opportunity to enhance the rights of local citizens by appropriate application of international human rights provisions.



[1] Suggested by Dr. Thomas D Grant in a talk to academic staff at the Dickson Poon School of Law, King's College London on  January 29, 2014.

[2] English translation by WE Butler, Russian Public Law (Wildy, Simmonds and Hill 2013). p. 6.

[3] Ibid p. 7.

[4] A. Trochev. Men'she demokratii, bol'she sudov: golovolomki sudebnogo peresmotra v Rossii [Less Democracy, More Courts:  Puzzles of Judicial Review in Russia]// Zakon i Obshchestvennyi’ Obzor [Law and Society Review]. No. 38, 513, 2004, pp. 519 – 520.

[5] Ibid p. 520.

[6] Ibid p. 514.

[7] J. Henderson. Regional'noe konstitutsionnoe pravosudie v Rossiiskoii Federatsii [Regional Constitutional Justice in the Russian Federation]// Evropei’skoe publichnoe pravo [European Public Law]. Volume 14, Issue 1, 2008, p. 21.

[8] To read more about the creation and activities of regional constitutional justice in Russia, see A.N. Kokotov.  Zakonodatel'stvo o konstitutsionnom (ustavnom) pravosudii v sub"ektakh federatsii: voprosy sovershenstvovaniia [The Legislation on the Constitutional (Charter) Justice in the Subjects of the Federation: the Issues of Improving]// Rossiiskii yuridicheskii zhurnal [Russian Law Journal]. No. 4, 2001, pp. 3 – 8; V.A. Kryazhkov. Konstitutsionnoe pravosudie v Rossiyskoii Federatsii (pravovye osnovy i praktika) [Constitutional Justice in the Russian Federation (the Legal Framework and Practice)]// Formula prava [Formula Rights]. Moscow, 1999, p. 768; M.S. Salikov. Regional'nye konstitutsionnye (ustavnye) sudy: mesto v sudebnoi’ sisteme v Rossii [Regional Constitutional (Charter) Courts: a Place in the Judicial System in Russia]// Rossiiskoe pravo: obrazovanie, praktika i nauka [Russian Law: Education, Practice and Science]. No 2 – 3, 2013, pp. 18 – 23; A.M. Tsaliev. Konstitutsionnye (ustavnye) sudy sub’ektov Rossiiskoii Federatsii: ot sushchnego k golzhnomy [Constitutional (Charter) Courts of the Russian Federation: from Essence to Due]// Rossiiskoe pravo: obrazovanie, praktika i nauka [Russian Law: Education, Practice and Science]. No 2 – 3, 2013, pp. 23 – 33, and others.

[9] Available at: http://www.ksrf.ru/ru/Info/Maintenance/Pages/KS_subjects.aspx?View={ef469c66-eb66-402d-a92a-338a82695e68}&SortField=_x0414__x0430__x0442__x0430__x00&SortDir=Asc (accessed February 3, 2014).

[10] J. Henderson. Ssylka na normy mezhdunarodnogo prava v resheniiakh pervogo Konstitutsionnogo Suda RF po delam A. Myullersonom, M. Fittsmorisom i M. Andenas (red.) Konstitutsionnaia reforma i mezhdunarodnoe pravo v stranakh tsentral'noi‘ i vostochnoi‘ Yevropy [Reference to International Law in Decided Cases of the First Russian Constitutional Court’ in A. Müllerson, M. Fitzmaurice and M. Andenas, M (eds). Constitutional Reform and International Law in Central and Eastern Europe]. Kluwer Publishing House, p. 59.

[11] J. Henderson. Konstitutsionnyi‘ sud Rossiyskoi Federatsii: stanovlenie i jevolyutsiia konstitutsionnogo nadzora v Rossii [The Constitutional Court of the Russian Federation: the Establishment and Evolution of Constitutional Supervision in Russia]// Zhurnal sravnitel'nogo pravovedeniia [Journal of Comparative Law]. Volume 3, Issue 2 138, p. 148.

[12] G.M. Danilenko. Primenenie  mezhdunarodnogo prava vo vnutrennei’ pravovoi’ sisteme Rossii: praktika Konstitutsionnogo suda [The Application of International Law as Internal to the Legal System of Russia: Practice of the Constitutional Court]// Gosudarstvo i Pravo [State and Law]. 1995. 11, 115 – 125 115 considers 6 cases from this court.

[13] Henderson above, note 10, p.63.

[14] See B. Bowring. Zakon, prava i ideologiia v Rossii: arkhitekturnye pamiatniki v sud'be velikoi‘ derzhavy [Law, Rights and Ideology in Russia: Landmarks in the Destiny of a Great Power]. Routledg, 2013, p. 162.

[15] Demokratizatsiya, Vol. 17, No. 2, pp. 145 – 178, Spring 2009, also University of Wisconsin Law School, Legal Studies Research Paper Series (Paper No. 1082, 2009), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1421342#.  

[16] Ibid p.145.

[17] See A. Burkov. Vliianiye Yevropeyskoi‘ konventsii po pravam cheloveka na rossiiskoe zakonodatel'stvo: zakonodatel'stvo i ego primenenie v 1996-2006 [The Impact of the European Convention on Human Rights on Russian Law: Legislation and Application in 1996-2006]. Stuttgart, 2007; see also for Russian reports by the same author, available at: http://sutyajnik.ru/rus/echr/school/.

[18] Henderson, above note 11.

[19] See, for example: Resolution of the Charter Court [Postanovleniie ustavnogo suda] of Sverdlovsk Region No. 3-5-5-2010 “On the case of compliance with the Charter of the Sverdlovsk Oblast Sverdlovsk Oblast Government Decree of  November 19, 2009, No. 1664 – PP “On changing the boundaries of the protected natural area of regional significance “Railway forest Park”, on the request of  citizen A.E. Grigoriev” on September 14, 2010// The Regional Newspaper [Oblastnaya gazeta]. No. 337, September 18, 2010; Resolution of the Charter Court [Postanovleniie ustavnogo suda] of the Sverdlovsk region, “On compliance with the Charter of the Sverdlovsk region of paragraph  1 of the Resolution of the Head of Ekaterinburg October 27, 2008, No. 4561 “On establishing the minimum wage in the municipal offices of the municipal formation “the city of Yekaterinburg” from December 14, 2009// The Regional Newspaper [Oblastnaya gazeta]. No. 389, December 18, 2009, and others (in Russian).

[20] See, for example: Resolution of the Charter Court [Postanovleniie ustavnogo suda] of St. Petersburg “On the case of request of the Municipal Council of the Municipal Entity “Municipal District No. 15” about conformity to the Charter of St. Petersburg of certain provisions of Article 14 of the Law of St. Petersburg on September 17, 2008, No. 537-94 “On guarantees of the exercise of the powers of the deputy of the municipal Board of intra-municipal entity of St. Petersburg , a member of the elected body of local government in St. Petersburg, an elected official of the local government in St. Petersburg” on June 27, 2013 No. 002/13-P, availabe at:  http://www.spbustavsud.ru/court/search_act (date accessed: September 24, 2013), and others (in Russian).

[21] See, for example: Resolution of the Charter Court [Postanovleniie ustavnogo suda] of Kaliningrad “On the case of compliance with the Constitution (Fundamental Law) of the Kaliningrad region of the first paragraph of Article 11 of the Kaliningrad region of  December 16, 2004, No. 473 “On measures of social support for certain categories of residents of the Kaliningrad region”, the first paragraph of paragraph 26 order, the conditions for granting and social payments to certain categories of citizens established by the Government of the Kaliningrad region on May 8, 2009, No. 282 “On the procedure, conditions and welfare benefits to certain categories of citizens” of  December 12, 2011, availabe at: http:// www.ustavsudklgd.ru/judgement/regulations/pos711.htm (date accessed: September 24, 2013). Resolution of the Charter Court [Postanovleniie ustavnogo suda] of Kaliningrad “On the case of compliance with the Constitution (Fundamental Law) of the Kaliningrad region in sub-paragraph 2 of paragraph 1 of the Decree of the Government of the Kaliningrad region on March 20, 2009, No. 148 “On introduction of changes and amendments to the Decree of the Government of the Kaliningrad region from May 21, 2007, No. 278” dated June 29, 2010, availabe at: http://www.ustavsudklgd.ru/judgement/regulations/ps610.htm (date accessed: September 24, 2013), and others (in Russian).

[22] Judgment in the case testing the constitutionality of paragraphs 1 and 2 of the Executive Committee of the Municipality of Kazan on August 18, 2011, No. 4662 “On recognition of citizens in need of emergency support in the acquisition of premises” in connection with the complaint of the citizen IV Tarasova on October 19, 2012 , Judgment in the case testing the constitutionality of the eighth paragraph of paragraph 6 and paragraph 50 of the Regulation on the procedure for providing cash payments, benefits, grants and scholarships to certain categories of the population in the Republic of Tatarstan, approved by the Cabinet of Ministers of the Republic of Tatarstan on December 17, 2004, No. 542 (as amended by Resolution of the Cabinet of Ministers of the Republic of  Tatarstan on June 21, 2011, No. 496), in connection with the complaint of GV Panova July 4, 2012; Judgment in the case testing the constitutionality of paragraph 2 of Part 2 of Article 1 and Article 2 of the Law of the Republic of Tatarstan on January 12, 2010, No. 3-LRT “On observance of citizens and quiet at night” in connection with the complaint of DA Frolova on April 17, 2012; Judgment in the case testing the constitutionality of paragraph 2.2.1.5 of the Regulation on organization of the station emergency medical assistance and paragraph 2.2.1.5 of the Regulation on organization of the emergency department care, approved by the Ministry of Health of the Republic of Tatarstan on August 7, 2000, No. 694 “On Improving organization ambulance population of the Republic of Tatarstan”, in connection with the request of the Commissioner for human Rights in the Republic of Tatarstan on February 21, 2012// The official website of the Constitutional Court of the Republic of Tatarstan (in Russian), availabe at: http://www.ksrt.ru/?cat=6.

[23] Judgment in the case testing the constitutionality of certain provisions of the second paragraph of paragraph “d”, the fifteenth and twentieth paragraphs paragraph “g” of Article 10 of the Law of the Republic of Tatarstan on July 13, 2007, No. 31 -LRT “On the rights of citizens to provide them with premises of the public housing fund Republic of Tatarstan and municipal housing under social employment” in connection with the complaint of the citizen SR Izambayeva on October 18, 2013 , Judgment in the case testing the constitutionality of the second paragraph of point 16, third paragraph , paragraph 17 and the first paragraph of paragraph 34 of the Rules of issuance, sale certificates to provide housing for large families in need of better housing conditions, approved by the Cabinet of Ministers of the Republic of Tatarstan May 16, 2008, No. 326 (as amended by Resolution of the Cabinet of Ministers of the Republic of Tatarstan on June 11, 2013, No. 398), in connection with the complaint of the citizen RR Gubaidulina on July 10, 2013, resolution of the case on the constitutionality of certain provisions of Article 2 of the Law of the Republic of Tatarstan on December 28, 2007, No. 69 –LRT “On transformation , changing the boundaries of individual municipalities and amending some laws of the Republic of Tatarstan” in connection with the complaint of closed joint stock company “Kazan ecological complex”, May 17, 2013, Judgment in the case testing the constitutionality of paragraph 8 of Article 8 of the Law of the Republic of Tatarstan 8 December 2004 Number 63 -LRT "On targeted social support of the population in the Republic of Tatarstan" and subparagraph “a” of paragraph 13 of the order of the cash payments, benefits , grants and scholarships to certain categories of the population in the Republic of Tatarstan, approved by the Cabinet of Ministers of the Republic of Tatarstan December 17, 2004, No. 542, in connection with the complaint of the citizen LI Chuvashlovoy on March 27, 2013, resolution of the case on the constitutionality of certain provisions of paragraph 2 of Article 32 of the Land Code of the Republic of Tatarstan in connection with the complaint of MA Gaynanova on February 12, 2013// The official website of the Constitutional Court of the Republic of Tatarstan. (in Russian), availabe at: http://www.ksrt.ru/?cat=6.

[24] Decree of December 24, 1998 “On the case of interpretation of Art. 94 of the Charter of the Sverdlovsk region” (in Russian), availabe at: http://ustavsud.ur.ru/index.php/index.php?ind=rechenia&catalog=rechenia&id=1#arx.

[25] Decree of June 2, 1999 “On the case of verification of compliance with the Charter of the Sverdlovsk oblast of Article 30 of the Law “On the protection of labour rights of citizens on the territory of Sverdlovsk region”; A decision on the case of verification of compliance with the Charter of the Sverdlovsk region government regulations of Sverdlovsk region from March 24, 1997, No. 234-p “On the first payment of State allowances to certain categories of citizens with children”; Provisions for the payment of State benefits to citizens with children with incomes below the subsistence level, approved by the Decree of the Government of Sverdlovsk region from August 11, 1998, No. 811-p “On additional measures on repayment of arrears in the payment of State benefits for citizens with children” and the separate regulations of the orders of the Government of Sverdlovsk region from October 31, 1997, No. 918-p “On measures to ensure the transfer of responsibility for the granting and payment of State monthly benefits to children in the social protection of the population”; from March 27, 1998, No. 310-p “On the appointment, benefits and funding of State benefits for citizens with children, in 1998”; from June 10, 1998, No. 610-p “On measures on repayment of arrears in the payment of State benefits for citizens with children” (in Russian), availabe at: http://ustavsud.ur.ru/index.php/index.php?ind=rechenia&catalog=rechenia&id=1#arx.

[26] Decree of September 20, 2000 “Under the Charter of the Sverdlovsk region, the provisions on the protection and use of historical and cultural monuments in Yekaterinburg”, Yekaterinburg city Duma approved by a decision of February 23, 1999, No. 59/6; Decree of December 22, 2000 “Under the Charter of the Sverdlovsk oblast, paragraphs 5.2, 5.3 of the decision of the Yekaterinburg municipal Duma No. 84/1 of March 28, 2000” on the budget of the city of Ekaterinburg for the year of 2000 (in Russian), availabe at: http://ustavsud.ur.ru/index.php/index.php?ind=rechenia&catalog=rechenia&id=1#arx.

[27] Decree of December 14, 2009 “Under the Charter of the Sverdlovsk region, Ekaterinburg, paragraph 1 of Chapter from October 27, 2008, No. 4561 “On minimum wage in municipal institutions of municipal formation(education) “city of Ekaterinburg”// The Regional newspaper [Oblastnaya gazeta], No. 389, December 18, 2009; Decree of October 12, 2009, the year of the Charter article 37 of the law of Sverdlovsk oblast, Sverdlovsk oblast “On administrative offences in the territory of Sverdlovsk region”// The Regional newspaper [Oblastnaya gazeta], No. 310-313, 10/16/20 (in Russian).

[28] Resolution No. 3-5-5-2010 September 14, 2010 “On the case of the Charter, resolutions of the Government of Sverdlovsk region of Sverdlovsk region from November 19, 2009, No. 1664-pp “On changing the boundaries of the protected natural area of regional significance “Train forest park”, in connection with the petition of citizen A.E. Grigoriev” (in Russian)// The Regional Newspaper [Oblastnaya gazeta], No. 337, September 18, 2010.

[29] Case dated  March 7, 2003, No. 053-p, available on the official website of the Charter Court of St. Petersburg (in Russian): http://www.spbustavsud.ru/court/search_act?page=13 (access date: January 13, 2014).

[30] Case dated  June 6, 2002, No. 026-p, available on the official website of the Charter Court of St. Petersburg (in Russian): http://www.spbustavsud.ru/court/search_act?page=15 (access date: 13 January 2014).

[31] Case dated  June 29, 2010, No. 6-p, available on the official website of the Charter Court in Kaliningrad region (in Russian) http://www.ustavsudklgd.ru/judgement/regulations/ps610.htm (date accessed: January 13, 2014).

[32] “Each case in a constitutional or statutory court influences a whole layer of social relations and affects the rights of tens or even hundreds of people, thus allowing to reduce the burden on other courts”.  From “Non-citizens exist for the court, and the court - for the citizens”, interview with the Chairman of the Charter Court of the Sverdlovsk oblast V. Panteleyev// Rossiiskoe pravo: obrazovaniye, praktika, nauka [Russian law: education, practice and science]. 2013, No. 2 – 3, p. 11.

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