FEDERAL CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

of November 9, 2020 No. 5-FKZ

About introduction of amendments to the Federal constitutional Law "About the Constitutional Court of the Russian Federation"

Approved by the State Duma on October 27, 2020

Approved by the Federation Council on November 3, 2020

Article 1

Bring in the Federal constitutional Law of July 21, 1994 No. 1-FKZ "About the Constitutional Court of the Russian Federation" (The Russian Federation Code, 1994, No. 13, Art. 1447; 2001, No. 7, Art. 607; No. 51, Art. 4824; 2004, No. 24, Art. 2334; 2005, No. 15, Art. 1273; 2007, No. 7, Art. 829; 2009, No. 23, Art. 2754; 2010, No. 45, Art. 5742; 2011, No. 1, Art. 1; 2012, No. 53, Art. 7572; 2013, No. 14, Art. 1637; 2014, No. 11, Art. 1088; No. 23, Art. 2922; 2015, No. 24, Art. 3362; No. 51, Art. 7229; 2017, No. 1, Art. 2; 2018, No. 31, Art. 4811) following changes:

Article 1 to state 1) in the following edition:

"Article 1. Constitutional court of the Russian Federation - the supreme judicial authority of the constitutional control

Constitutional court of the Russian Federation - the supreme judicial authority of the constitutional control in the Russian Federation performing judicial authority independently and independently by means of the constitutional legal proceedings for the purpose of protection of bases of the constitutional system, basic rights and freedoms of man and citizen, ensuring supremacy and direct operation of the Constitution of the Russian Federation in all territory of the Russian Federation.";

2) in Article 3:

a) in part one:

the paragraph one to state in the following edition:

"Constitutional court of the Russian Federation:";

Items 1 - 3.2 to state in the following edition:

"1) on requests of the President of the Russian Federation, the Federation Council of Federal Assembly of the Russian Federation (further - the Federation Council), the State Duma of Federal Assembly of the Russian Federation (further - the State Duma), one heel of senators of the Russian Federation or deputies of the State Duma, Government of the Russian Federation, the Supreme Court of the Russian Federation, bodies of legislative and executive power of subjects of the Russian Federation resolves cases on compliance of the Constitution of the Russian Federation:

a) Federal constitutional Laws, Federal Laws, regulations of the President of the Russian Federation, Federation Council, State Duma, Government of the Russian Federation;

b) constitutions of the republics, charters, and also the laws and other regulations of the subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of subjects of the Russian Federation;

c) contracts between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation, contracts between public authorities of subjects of the Russian Federation;

d) not become effective international treaties of the Russian Federation;

2) according to the petition of the President of the Russian Federation, any of the bodies participating in dispute resolves disputes on competence:

a) between federal bodies of the government;

b) between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation;

c) between the highest state authorities of subjects of the Russian Federation;

3) according to claims to violation of constitutional rights and freedoms is checked by constitutionality of the Federal constitutional Laws, Federal Laws, regulations of the President of the Russian Federation, the Federation Council, State Duma, Government of the Russian Federation, constitutions of the republics, charters, and also laws and other regulations of the subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of the subjects of the Russian Federation applied in specific case if all other interstate equitable remedies are exhausted;

3. 1) on requests of courts is checked by constitutionality of the Federal constitutional Laws, Federal Laws, regulations of the President of the Russian Federation, the Federation Council, State Duma, Government of the Russian Federation, constitutions of the republics, charters, and also laws and other regulations of the subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of the subjects of the Russian Federation which are subject to application by the relevant court in specific case;

3. 2) on requests of the President of the Russian Federation, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the federal executive body allocated with competence in the field of ensuring activities for protection of interests of the Russian Federation of interstate body resolves question of possibility of execution of the decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation;";

add with Item 3.3 of the following content:

"3. 3) on requests of the President of the Russian Federation, the Government of the Russian Federation, the Supreme Court of the Russian Federation resolves question of possibility of execution of the decision of foreign or international (interstate) court, foreign or international reference tribunal (arbitration) imposing obligations on the Russian Federation if this decision contradicts bases of public law and order of the Russian Federation;";

items 4 - 5.1 to state in the following edition:

"On requests of the President of the Russian Federation, the Federation Council, State Duma, Government of the Russian Federation, regulatory authorities of subjects of the Russian Federation interpretation of the Constitution of the Russian Federation gives 4);

5) at the request of the Federation Council draws the conclusion about observance of established procedure of promotion of accusation of the President of the Russian Federation or the President of the Russian Federation who stopped execution of powers in connection with the expiration of his continuance in office or ahead of schedule in case of his resignation or resistant inability for health reasons to perform the powers belonging to it, in high treason or making of other serious crime;

5. 1) on requests of the President of the Russian Federation, the Supreme Court of the Russian Federation is checked by constitutionality of the question submitted for referendum of the Russian Federation according to the Federal constitutional Law regulating holding referendum of the Russian Federation;";

add with Item 5.2 of the following content:

"5. 2) at the request of the President of the Russian Federation is checked by constitutionality of drafts of the laws of the Russian Federation on the amendment to the Constitution of the Russian Federation, drafts of the Federal constitutional Laws and the Federal Laws, and also the laws adopted according to the procedure, provided by parts 2 and 3 of Article 107 and part 2 of article 108 of the Constitution of the Russian Federation, before their signing by the President of the Russian Federation, the laws of the subject of the Russian Federation before their promulgation by the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation);";

declare Item 6 invalid;

state Item 7 in the following edition:

"7) performs other powers conferred to it by the Constitution of the Russian Federation and the Federal constitutional Laws.";

b) add with part six of the following content:

"The constitutional court of the Russian Federation has the right to take the legislative initiative concerning the maintaining.";

Article 4 to state 3) in the following edition:

"Article 4. Structure, procedure for education and term of office of the Constitutional Court of the Russian Federation

The constitutional court of the Russian Federation consists of eleven judges, including the Chairman of the Constitutional Court of the Russian Federation and his deputy. Judges of the Constitutional Court of the Russian Federation are appointed to position by the Federation Council on representation of the President of the Russian Federation.

Powers of the Constitutional Court of the Russian Federation are not limited to certain term.";

Part third of Article 7 to state 4) in the following edition:

"The property necessary for the Constitutional Court of the Russian Federation for implementation of its activities and being in its operational management, is federal property. The constitutional court of the Russian Federation can equip with functions on implementation of the right of operational management by the specified property the structural divisions which are part of its device.";

Article 8 to add 5) with words ", constantly living in the Russian Federation, not having nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state";

6) in Article 9:

a) state part one in the following edition:

"Offers on candidates for positions of judges of the Constitutional Court of the Russian Federation can be made to the President of the Russian Federation by committees of the Federation Council and the State Duma, the Supreme Court of the Russian Federation, legislative (representative) public authorities of subjects of the Russian Federation, federal legal departments, and also elected bodies of judicial community in the Russian Federation and subjects of the Russian Federation, the All-Russian legal communities, the legal scientific and educational organizations.";

b) in word part three of "members (deputies) of the Federation Council" shall be replaced with words "senators of the Russian Federation";

c) the fourth to state part in the following edition:

"If in case of disposal of the judge from structure of the Constitutional Court of the Russian Federation the number of judges appears less than eight, idea of appointment of other person to vacant position of the judge is brought by the President of the Russian Federation in the Federation Council no later than month from the date of discovery of vacancy.";

7) in Article 11:

a) state part one in the following edition:

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