The court will not give reasons or file a case! What if the education authorities related to the case do not reply?
First, the emergence of the Russian Constitutional Court.
The Constitutional Court of the Russian Federation came into being on the eve of the disintegration of the Soviet Union. 1990 65438+On February 5, the Supreme Soviet of the Russian Federation passed the Law on Amendments to the Socialist Constitution of the Russian Soviet Union. This law laid the initial legal foundation for the formation and start-up of the constitutional court system in the Russian Federation. 1991may 16, the supreme Soviet passed the first constitutional court law in Russian history. 199 12 in July 12, the fifth federal people's congress passed the amendment to this law. These important laws provide the most direct legal basis for the establishment and operation of the Constitutional Court of the Russian Federation. On February 29-30 of the same year, the Fifth People's Congress of the Russian Federation elected 13 judges of the Federal Constitutional Court. The Constitutional Court, an unprecedented constitutional supervision institution in Russian history, was formally born. The Constitutional Court is a brand-new thing in the political system of the Russian Federation, and its establishment and activities are particularly noticeable in the process of chaotic and complicated political transformation in the Russian Federation. 19911February, shortly after its establishment, the hospital accepted a case of great historical significance, that is, whether it was constitutional for Russian President Yeltsin to ban * * after the 19 19 incident. At that time, 36 deputies to the National People's Congress filed a lawsuit with the newly established Federal Constitutional Court, demanding to consider whether President Yeltsin's three orders on stopping Soviet Russia's activities and confiscating its property were constitutional. In order to prevent the * * * production party from making a comeback, Yeltsin instructed the people's deputies and the responsible secretary of the Constitutional Council to file a lawsuit with the Constitutional Court again, acknowledging that the Soviet Union was unconstitutional, and then proved that the presidential decree of the Russian Federation was constitutional and changed the defendant to the plaintiff. On May 6th, 1992, the Constitutional Court officially announced the acceptance of the case, and it officially opened on 26th. After hearing the statements of both parties, the Constitutional Court decided to merge the two prosecutions into one case. Since then, after more than 40 days of recess preparation, the Constitutional Court held 52 hearings, summoned 46 witnesses, listened to the opinions of 16 experts, and finally made a ruling when the two judges disagreed. In the same year1October 30th, 165438+, President Zorkin read out a compromise judgment in 20 minutes. It ruled that it was constitutional for President Yeltsin to ban the activities of the Soviet Union and the Russian Central Committee, but it was unconstitutional to restrict local activities in Russia and confiscate local property. The lawsuit brought by the president about the illegality of the Soviet Union itself was rejected because the Soviet Union had disintegrated. At that time, the political situation in the Russian Federation was very complicated, and the struggle between various forces was extremely fierce. The country was facing the threat of a new round of disintegration after the disintegration of the Soviet Union. In this case, the ruling of the Constitutional Court should be said to be ingenious and decent, taking into account the political interests of all parties and paying attention to social sentiment. Legally speaking, there are no major defects, and most judges have shown strong legal literacy. Some people even think that this "trial of the century" is flawless and impeccable. The reputation of the Constitutional Court of the Russian Federation and President Zorkin himself has been greatly improved.
However, during the period of 1992- 1993, the Constitutional Court of the Russian Federation, led by Zorkin and dominated by Zorkin himself, gradually got involved in the political conflict between President Yeltsin and the parliament and fell into a profound crisis. When mediating the power struggle between the president and the parliament, Zorkin was more and more obviously on the side of the parliamentary opposition who opposed the president, and President Yeltsin was very dissatisfied with this. 1993 10 10 In October, Yeltsin dispersed the parliamentary opposition by force, and then passed his new constitution by referendum. Zorkin was forced to resign under great pressure.
After the adoption of the new constitution and its immediate entry into force, the question of how to establish a constitutional court according to the provisions of the constitution was naturally put on the agenda. 1On June 24, 1994, the State Duma of the Russian Federation passed the federal constitutional law, the Law on the Constitutional Court of the Russian Federation. On July 65438, 2002, the Federal Council approved this law. On July 2 1, President Yeltsin signed and promulgated this law. Shortly thereafter, the President and Parliament of the Russian Federation began to establish a new federal constitutional court in accordance with the procedures stipulated in the new constitution. Less than a year later, the new Constitutional Court of the Russian Federation was established. By the end of 1998, the court had tried the constitutionality of many legal documents of the Russian Federation, mediated many controversial issues about the Constitution and its functions and powers, and even made a negative ruling on whether Yeltsin was qualified to seek re-election as President of the Russian Federation in 2000. This ruling makes it impossible for anyone to be re-elected for more than two terms. In this way, it is impossible for future presidents, including Putin, to be re-elected by amending the Constitution. It can be said with certainty that the Constitutional Court of the Russian Federation is put into operation again, and its independent status and professional quality are increasingly recognized by all sectors of society.
Two, the qualifications of judges and the main functions and powers of the president
At present, the Constitutional Court of the Russian Federation consists of 65,438+09 judges. They are appointed by the Federal Council on the nomination of the Federal President. According to the provisions of the Constitutional Court Law, judges of the Federal Constitutional Court must be at least 40 years old, have received higher legal education, have professional service for more than 15 years, and enjoy a good reputation in the legal field. When the Federal President considers candidates for judges of the Constitutional Court in accordance with the Constitution, members of the upper and lower houses of the Parliament of the Russian Federation, the legislative and supreme judicial authorities of the federal entities, the legal authorities of the Russian Federation, the All-Russian Federation of Jurists, and legal research and teaching institutions have the right to propose preparatory candidates to the President for his reference. The President of the Russian Federation submits his list of candidates for the Constitutional Court to the Federal Council, which must consider the candidates put forward by the President one by one and vote on each candidate by secret ballot. Candidates with more than half of the supporting votes are elected.
Unlike the President and Parliament, the Constitutional Court of the Russian Federation itself has no term of office. Neither the Constitution of the Russian Federation nor the Law on the Constitutional Court of the Russian Federation contains provisions in this regard. However, the Constitutional Court stipulated the term of office of judges. The term of office of each judge shall not exceed 12 years at most, and the same person may not serve as a judge of the Constitutional Court of the Russian Federation twice. If a judge of the Federal Constitutional Court has expired, but his replacement judge has not been appointed or the case in which he participated has not been closed, the judge may continue to exercise his functions and powers until a new judge takes office or the case is closed. When the position of judge in the Constitutional Court is vacant, the Federal President must propose a new candidate for judge for discussion by the Federal Council within one month.
According to the Law on the Constitutional Court of the Russian Federation, judges of the Constitutional Court enjoy a fairly stable, relatively independent and reliable legal status. Its main manifestations are: judges of the Constitutional Court are not allowed to be dismissed at will, their integrity is inviolable, and all judges have equal rights. No organ may interfere with the litigation activities of constitutional judges, and shall not be held accountable for their speeches at the meetings of the Constitutional Court and the decisions of the Constitutional Court, including after the expiration of their term of office. In addition, the judges of the Constitutional Court also enjoy various special welfare benefits and security measures specially prescribed for them by federal law. According to the principle of separation of powers and the unity of rights and obligations, the Law on the Constitutional Court of the Russian Federation also limits the qualifications of judges of the Constitutional Court. These restrictions include: a judge of the Constitutional Court may not become a member of parliament, may not hold or retain any state or social position, and may not engage in private business activities, enterprise activities and other remunerative activities. Constitutional judges can freely engage in teaching, scientific research and other creative activities as in western countries, but these activities shall not interfere with the duties of constitutional court judges. Like most western countries, the Russian Federation follows international practice and stipulates by law that judges of the Constitutional Court, as ordinary citizens, have the right to freely express their will in elections and referendums, but they are not allowed to engage in defense activities or act as agents in courts, arbitral tribunals or other institutions. At the same time, it is stipulated that judges of the Constitutional Court have no right to provide anyone with a defense involving rights or obligations. More importantly, judges of the Constitutional Court are not allowed to participate in political parties and social and political movements, engage in political propaganda and incitement, or participate in election activities of state power organs and local self-government organs. When judges of the Constitutional Court use the media to make speeches or make public speeches, they have no right to express their opinions on issues that may be accepted, being studied or accepted by the Constitutional Court but have not yet been decided.
Like all other judges, the functions and powers of judges of the Constitutional Court of the Russian Federation can also be suspended. According to the relevant regulations, there are two main conditions for suspending the position of a judge of the Constitutional Court: First, the Constitutional Court agrees to arrest him or investigate his criminal responsibility; Second, the judge himself cannot continue to perform his duties for health reasons. When the Constitutional Court suspends the functions and powers of a judge, it must go through the formalities in the manner decided by the Constitutional Court. Judges whose functions and powers have been suspended shall not attend meetings of the Constitutional Court, nor shall they have the right to send official documents to state power organs or organizations, social organizations, officials and citizens, or to ask for any other documents and materials from these institutions and individuals. However, the salaries and corresponding material guarantees of judges of the Constitutional Court stipulated by law shall be retained, and shall be restored by the Constitutional Court after the reasons for suspending their functions and powers disappear. The functions and powers of judges of the Constitutional Court may also be suspended in advance. The main conditions for suspending the functions and powers of judges of the Constitutional Court are as follows: (1) The appointment of judges violates legal procedures; (2) The judge himself applies for resignation; (3) The judge has lost his nationality; (4) The judge is found guilty by the court; (five) his behavior is detrimental to the honor and dignity of the judge; (six) after the Constitutional Court issued a warning, continue to hold positions incompatible with the duties of judges, or engage in activities that judges are not allowed to engage in; (seven) absent from the Constitutional Court meeting twice or refusing to vote without justifiable reasons; (8) Missing or dead. In addition, those who are unable to perform their duties for more than 10 months at a time due to their health or other reasons may also stop their functions and powers. In this case, the Constitutional Court must also make a formal decision and report to the President and the Federal Council as proof of the vacancy of the Constitutional Court. If a judge of the Constitutional Court is suspended for violating the appointment procedure or engaging in activities that insult the dignity and reputation of the judge, the upper house of parliament shall go through relevant procedures according to the recommendation of the Constitutional Court. The proposal of the Constitutional Court must be approved by more than two-thirds of the judges.
The Constitutional Court of the Russian Federation has a president, a vice-president and a secretary. The President, the Vice President and the Secretary are all elected from the judges of the Constitutional Court, and those who get the majority of votes are elected for a term of three years. Can be re-elected. If a judge is dismissed from the above-mentioned post in advance, it needs more than 5 judges of the Constitutional Court to move and get the support of more than 2/3 judges. If the above positions are vacant, a new election must be held within two months. According to the Law on the Constitutional Court of the Russian Federation, the functions and powers of the President of the Constitutional Court are: to lead, prepare, preside over and convene the plenary session of the Constitutional Court; Submitting to the Constitutional Court for discussion issues that should be considered at plenary and chamber meetings; Represent the Constitutional Court when contacting state organs, organizations and social organizations, and make statements according to its authorization; Overall leadership of the institutions of the Constitutional Court; Submit to the Constitutional Court the candidates for the leadership of the secretariat of the Constitutional Court and other subordinate institutions, as well as the secretariat regulations and institutional setup table, for approval by the Constitutional Court. The main duty of the Vice-President of the Constitutional Court is to exercise certain functions and powers of the President as entrusted by the President. When the President of the Constitutional Court is unable to perform his duties, the Vice-President shall take his place. The secretary of the Constitutional Court of the Russian Federation has a high status and is not an ordinary clerk. When the position of president of the Constitutional Court is vacant and the vice president is unable to act as agent, the secretary will act as agent. At that time, the longest-serving judge of the Constitutional Court will serve as the secretary. Under the same term of office, the oldest person will serve as a secretary. The main duties of the secretary of the Constitutional Court are: directly leading the work of the Constitutional Court; Organizationally ensure the preparation and convening of the Constitutional Court meeting; Inform the relevant organs, organizations and individuals of the decisions of the Constitutional Court and inform the Constitutional Court of its implementation; Provide information guarantee for the Constitutional Court.
Three. The main functions and powers of the Constitutional Court and its principles of activity
According to the relevant provisions of the Constitutional Court of the Russian Federation, the Constitutional Court is a judicial organ, which conducts constitutional supervision through constitutional litigation activities and independently exercises judicial power. Russian theorists believe that the activities of the Federal Constitutional Court are based on "the constitutional system based on defending the rights and freedoms of the people and citizens", and its purpose is to guarantee the supreme status and direct effect of the Russian Constitution in the whole Russian Federation.
According to the Constitution of the Russian Federation and the Constitutional Court Act, the main functions and powers of the Constitutional Court are as follows:
First, the trial of federal legal documents conforms to the federal constitution. These documents include: federal laws; Orders and instructions of the Federal President and normative documents issued by the Federal Government; * * * The Constitution of the Republic and the Charter of the Federal Entity; Laws and other normative documents issued by various countries and federal entities on issues under the jurisdiction of federal state power organs and federal state power organs and federal entities; Treaties between federal state power organs and federal subjects and between federal subjects; International treaties signed by the Russian Federation but not yet in force.
Second, solve the authority disputes between state power organs. These include: the dispute over the authority of the federal state power organs; Jurisdiction disputes between federal state power organs and major federal state power organs; Jurisdiction disputes between state organs of power in each federal subject.
Third, according to the complaints of citizens of the Russian Federation and the inquiries of the courts, examine whether the laws applied or should be applied in specific cases conform to the Constitution of the Russian Federation.
Fourth, explain the Constitution of the Russian Federation.
Fifth, draw a conclusion on whether it is legal to accuse the President of the Russian Federation of treason or other major crimes.
Sixth, put forward a legislative motion to the State Duma on the issue that the Constitution of the Russian Federation belongs to the jurisdiction of the Constitutional Court.
Finally, exercise other functions and powers entrusted by the Constitution of the Russian Federation, the Treaty of the Russian Federation, the Constitutional Law of the Russian Federation, and the Treaty on the Division of Jurisdiction and Authority between Federal State Organs and Federal Subjects.
According to the current law, the Constitutional Court of the Russian Federation has only two chambers, one consisting of 65,438+00 judges and the other consisting of 9 judges. The specific composition of each court is determined by drawing lots, and the term of office is three years. The President and Vice-President of the Constitutional Court shall not be members of the same court at the same time. When trying a case, the Constitutional Court may be tried jointly by the two courts or separately by each court. The problems to be solved in the joint hearing are: whether the constitution of the federal entity conforms to the constitution of the Russian Federation; Interpreting the federal constitution; To draw a conclusion on whether the accusation of treason or other major crimes of the President conforms to legal procedures; Adopt the proclamation of the Constitutional Court; Put forward a legal bill. Except for these issues, all other issues are tried by both houses of the Constitutional Court.
In carrying out constitutional litigation activities, the Constitutional Court of the Russian Federation must follow the following basic principles: independence, collectivity, openness, continuity, debate and equality.
Independence first refers to the independence of judges, who only follow the federal constitution and the constitutional court law when exercising their functions and powers. On the other hand, judges only express their opinions as individuals in their activities, and cannot replace any state organs, social organizations, political parties and movements, nor can they represent the state, society and other enterprises, institutions and organizations, officials and state entities, regional entities, ethnic groups and social groups; Decisions and other documents of the Constitutional Court can only reflect the legal position of judges, which is in line with the Constitution and has no political inclination; Judges make decisions without external interference, and they have no right to ask for or get any instructions on issues previously studied and under consideration by the Constitutional Court.
On the one hand, collectivity means that the judges of the Constitutional Court must collectively try cases and problems and make corresponding decisions, on the other hand, it means that only judges who participate in the trial of cases can make decisions. As for the procedure of passing the decision of the Constitutional Court, the relevant laws stipulate that when the two houses hold a joint meeting, the decision must be made by a majority of not less than two-thirds of the total number of judges in the whole court; When each court sits alone, the ruling must be made by at least three-quarters of the court's majority vote. When determining the number of judges, judges who avoid cases and judges whose powers are temporarily suspended are not counted.
Openness means that all cases must be heard in public. The Constitutional Court can only sit in secret if the federal law makes special provisions. However, whether the trial is held in public or in secret, the ruling of the Constitutional Court should be made public.
Continuity means that the Constitutional Court must keep uninterrupted when hearing any case, unless it is necessary for participants to prepare for further investigation to remove the obstacles to the normal trial of the court. In order to realize and ensure the continuity of the trial of cases, the Constitutional Court may not combine other cases before deciding to combine cases or postponing the trial. Similarly, no court may hold a court session to hear other cases within its jurisdiction before the judgment of the case it is hearing or the postponement of the trial.
Debate and equality mean that when the Constitutional Court is in session, both parties to the lawsuit enjoy the same rights and opportunities endowed by the federal constitution and laws. The two sides expounded their respective positions on the basis of mutual debate and defended their respective interests.
Four, the basic requirements of the Constitutional Court litigation activities and the implementation of the ruling
The current Law on the Constitutional Court of the Russian Federation has very clear and specific provisions on the proceedings of the Constitutional Court, especially the rights and obligations of the participants in the proceedings, the ruling method of the Constitutional Court and its effectiveness. For example, after receiving a complaint, the Constitutional Court must hold a plenary meeting within one month, and first decide whether to hold a joint meeting or a separate meeting. The Constitutional Court has the power to merge complaints involving the same goal into one case. When studying the prosecution and preparing for the hearing, the Constitutional Court has the right to make demands on the relevant parties and individuals, such as providing originals of normative documents and other legal documents, certificates and their photocopies, files, case files and other materials, conducting inspection, research and appraisal, confirming a certain state, allowing experts to participate in case investigation, giving explanations, providing consultation and professional advice, and so on. The organs, organizations and individuals involved in these requirements must implement them. If the Constitutional Court itself does not make other provisions, the answers to the above questions must be submitted to the Constitutional Court within one month after receiving the request. The expenses incurred by state organs and organizations in fulfilling the above requirements shall be borne by them. The expenses of other organizations and individuals shall be compensated by the federal budget in accordance with the procedures prescribed by law. Whether you refuse, avoid hearing and executing the above requirements, or violate the time limit for hearing and executing the above requirements and deliberately misinterpret them, you must be investigated for legal responsibility.
Like ordinary litigation, the law of the Russian Federation stipulates that the participants in the proceedings of the Constitutional Court also include the litigants and their agents, witnesses, experts and translators. According to the law, the litigants mentioned here have a wide range, mainly pointing to the organs or individuals prosecuted by the Constitutional Court; Organs or officials who need to examine whether the legal documents promulgated or signed are in conformity with the Constitution; State organs of power with disputed powers. As for the agents of both parties, the law stipulates that there shall not be more than three. Those who can act as agents of constitutional litigation because of their duties include: leaders of institutions that sign indictments, leaders of institutions that issue controversial legal documents or participate in disputes over authority, officials who sign controversial legal documents, and members of both houses of parliament who ask questions. In addition, the law specifically stipulates that a lawyer or a person with a law degree, whose authorization is confirmed by the corresponding documents, can also act as an agent for such litigation. Both parties to the lawsuit have the right to know the case materials, explain their position on the case and ask questions to other participants in the lawsuit. At the same time, when summoned by the court, both parties have the obligation to appear in court, translate and answer questions. However, failure to appear in court did not prevent the Constitutional Court from hearing the case. Like ordinary court trials, the Constitutional Court of the Russian Federation also implements the challenge system in litigation. Both parties have the right to ask the judge to withdraw. However, a judge can only withdraw from the trial of a case under the following circumstances stipulated by law: first, the judge has participated in the adoption of the decree as the trial object because of his position; Secondly, the objectivity of a judge is questioned because he has a relative or husband-and-wife relationship with the agent of one party to the lawsuit.
In order to ensure the fairness and seriousness of constitutional litigation, the law of the Russian Federation also stipulates that when the Constitutional Court is in session, it must first announce the reasons and basis for filing a case, state the essence of the problem, the materials it has and the measures taken to prepare for the trial of the case. After the trial, other judges who appear in court must be allowed to ask questions to the judge who reported the case, listen to all the statements of both parties and allow both parties to ask questions. The trial must be recorded and shorthand taken. Both parties to the lawsuit have the right to know the transcripts and shorthand notes, and can add their opinions. The dean and the judge's reporter must * * * agree with the opinions of the research notes and invite the notes to participate in the research if necessary. Comments on court records and shorthand records and decisions to confirm their accuracy should be attached to the records and shorthand records. In order to ensure that the constitutional procedure is purely legal and not political, the Law on the Constitutional Court of the Russian Federation specifically stipulates that both parties to the procedure and their agents shall not make political statements and declarations in the Constitutional Court, and shall not use insulting language against state organs, social organizations, participants in the procedure, officials and citizens. After the court investigation conducted by the court, the judge shall listen to the final statements of both parties to the lawsuit. A spokesman shall not quote documents and materials that have not been investigated by the Constitutional Court. If the Constitutional Court deems it necessary to conduct a supplementary investigation, it may decide to resume the case during the final statements of both parties. After the supplementary investigation, both parties can make a final statement, but it is limited to new situations and evidence. If there is reason to withdraw the lawsuit during the court session, the Constitutional Court has the right to stop the lawsuit in this case.
According to the regulations, when the Constitutional Court needs to make a decision on the cases it hears, it can only make a public statement by summoning the judges one by one. No judge has the right to abstain or avoid expressing his position. In any case, the President of the Court can only speak last. Generally speaking, decisions approved by a majority of judges are passed. Regarding the constitutionality of normative legal documents, agreements of state power organs and international treaties that have not yet entered into force in the Russian Federation, if the votes are equal, the disputed documents can be regarded as constitutional. Any ruling made by the Constitutional Court on any issue must be signed by all judges who take part in the voting. Judges who disagree with the decision have the right to express their special opinions in writing. This opinion must be included in the case materials and published together with the ruling of the Constitutional Court. After signing, the decision of the Constitutional Court should be read out in full in court first, and then delivered to the judges, litigants, federal president, State Duma, federal government, plenipotentiary for human rights, federal Supreme Court, high arbitration court, federal attorney general, federal minister of justice, and other state organs and organizations, social groups, officials and individuals within two weeks.
The ruling of the Constitutional Court of the Russian Federation is final and cannot be appealed. Once published, it will take effect immediately without confirmation from other organs and officials. Its legal effect will not be invalidated by the re-adoption of unconstitutional documents. If the ruling of the Constitutional Court itself does not specify the time limit for implementation, it should be implemented immediately after the ruling is published or the official text is served. Those who fail to implement, delay or obstruct the implementation of the decision shall be investigated for responsibility according to law. The right to interpret according to the requirements of the prosecutor and the recipient of the ruling belongs only to the Federal Constitutional Court.
At the beginning of the ruling of the Russian Constitutional Court, the words "The ruling in the name of the Russian Federation is as follows" must be written. The ruling of the Constitutional Court should be published in Russian national newspapers and periodicals in time so that all citizens can master and implement it.