RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of October 31, 1995 No. 8

About some questions of application by courts of the Constitution of the Russian Federation when implementing justice

The regulations on its highest legal force enshrined in the Constitution of the Russian Federation mean that all constitutional regulations have supremacy over the laws and other regulatory legal acts.

For the purpose of uniform application of the constitutional regulations by courts when implementing justice the Plenum of the Supreme Court of the Russian Federation decides to make the following explanations:

1. According to Art. 18 of the Constitution of the Russian Federation rights and freedoms of man and citizen are directly acting. They determine sense, content and application of the laws, activities of legislative and executive power, local self-government and are provided with justice.

Considering this constitutional provision, and also provision p.1 of Art. 46 of the Constitution of the Russian Federation guaranteeing everyone the right to judicial protection of its rights and freedoms, courts shall provide proper protection of rights and freedoms of man and citizen by timely and correct hearing of cases.

2. It agrees p.1 Art. 15 of the Constitution of the Russian Federation, the Constitution has the highest legal force, direct action and is applied in all territory of the Russian Federation. In connection therewith the constitutional provision courts by hearing of cases should estimate contents of the law or other regulatory legal act regulating the legal relationship considered by court and in all necessary cases to apply the Constitution of the Russian Federation as the act of direct action.

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