Nikitina A. —
Constitutional Legal Disputes: Definition, Features, and Criteria for Differentiating them from other Kinds of Public Legal Disputes
// Legal Studies. – 2018. – № 9.
– P. 10 - 19.
DOI: 10.25136/2409-7136.2018.9.27020
URL: https://en.e-notabene.ru/lr/article_27020.html
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Abstract: The subject of the research is constitutional and legal disputes as a unique phenomenon of modern constitutional law. The author of the article provides characteristics of the subject, method, subject composition, objects and sources of constitutional and legal regulation. Insufficient research into the nature and specificity of legal disputes arising from constitutional legal relations has a negative impact on the legislation and judicial practice of their resolution. The purpose of the study is to identify features of constitutional legal dispute distinguishing it from other kinds of public law disputes which will allow to formulate its definition. The study is based on traditional methods of research such as analysis, synthesis, deduction, induction, system-structural and formal-legal methods, the use of which is predetermined by the subject and purpose of the research article. The author concludes that the specifics of the constitutional legal dispute is predetermined by its subject composition, subject and basis of its origin. Constitutional legal dispute is defined as subject to resolution in a procedural form established by law, constitutional-legal entities disagree about the assessment of compliance with the constitutional legal norms of acts, actions (inaction) of one of the parties to the dispute, violating constitutional rights, freedoms or competence of the other party to the dispute and (or) constitutionally protected public interests.
Nikitina A. —
Constitutional judicial process as a form of resolving constitutional legal disputes: trends of foreign law regulation
// Law and Politics. – 2018. – № 8.
– P. 81 - 92.
DOI: 10.7256/2454-0706.2018.8.26948
URL: https://en.e-notabene.ru/lpmag/article_26948.html
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Abstract: The subject of this research is the constitutional law disputes that act as the prerequisites for constitutional judicial procedure, and define the content and the subject of judicial activity, as well as the main parameters of the constitutional judicial process. The procedure of resolving constitutional disputes in constitutional courts is being examined as a means of maintaining a balance between branches of power in the government, mechanism of protection of rights of the individual, competency of the constitutional branches and constitutional values. The goal of this research is to determine the main trends of foreign legal regulation that demonstrates the influence of the constitutional law disputes upon the constitutional judicial process. Among main conclusions, the author determines the key trends of foreign legal regulation of the constitutional judicial process as forms of resolving constitutional law disputes, including expansion of the categories of legal disputes in the constitutional court jurisdiction; sequential reflection in the legislation of the adversarial principle through determining plaintiffs and defendants in all categories of cases heard by the constitutional court; determination of restitution for damages caused by an act found to be unconstitutional.
Nikitina A. —
// LEX RUSSICA (Russian Law). – 2012. – № 4.
DOI: 10.7256/1729-5920.2012.4.6166
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Nikitina A. —
// LEX RUSSICA (Russian Law). – 2012. – № 4.
DOI: 10.7256/1729-5920.2012.4.6212
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