Creation and formation of the constitutional court of justice in the Republic of Tatarstan

The Constitution of the Republic of Tatarstan upholds the republic’s democratic legal state and consolidates the fundamental norms, principles and values that are of fundamental importance to the legal system of the Republic of Tatarstan. The development of the rule of law consists in the implementation of the provisions of the constitution in state activities and public life and presupposes the existence of an effective mechanism for the protection of the existing basic law.

For this reason, a special type of judicial system is envisaged in our republic’s constitutional court of justice. The court is necessary for the laws and other normative legal acts of government bodies and law enforcement practices that do not disagree with the letter and spirit of the Constitution of the Republic of Tatarstan as the main legal source in society and the state. Ensuring the supremacy of the Constitution of the Republic of Tatarstan, which serves as a guarantee of observing the foundations of the constitutional system of the Republic of Tatarstan, protecting fundamental rights and freedoms of man and citizen, and effective activity of state authorities and local self-government. The presence of the institution of constitutional control is a sign of a democratic way of governing the state, as well as an indicator of real power and direct action of the Constitution.

For the first time, the USSR Law of December 23, 1989, “On Constitutional Supervision in the USSR” provided for the possibility of creating bodies for constitutional control. This Law established that the USSR Constitutional Supervision Committee and the bodies of constitutional supervision of the union and autonomous republics exercise constitutional supervision. The tasks, organization and procedure for exercising constitutional supervision were determined by the Constitution of the USSR and the constitutions of the republics, as well as by laws on bodies of constitutional supervision. Thus, the legal basis was laid for the creation of constitutional oversight bodies in the republics of the former USSR.

In December 1990, the Republic of Tatarstan was one of the first among the constituent entities of the Russian Federation to adopt the Law of the Republic of Tatarstan "On constitutional supervision in the Republic of Tatarstan". It formed a Committee for Constitutional Supervision of the Republic of Tatarstan that was designed to ensure compliance with the Constitution of the Republic of Tatarstan laws and other normative legal acts of the Republic of Tatarstan. At the same time, the Constitutional Oversight Committee of the Republic of Tatarstan did not apply the rules of the judicial procedure, its decisions were not final, and the mechanism for their implementation in the legislation was not clearly defined.

The Constitution of the Republic of Tatarstan, was adopted on November 6, 1992, consolidated the provisions on the creation and competence of the Constitutional Court of the Republic of Tatarstan. In particular, the Constitution of the Republic of Tatarstan established that the Constitutional Court of the Republic of Tatarstan, should protect the constitutional order of the Republic of Tatarstan, fundamental human rights and freedom of citizens. The Constitutional Court should maintain the supremacy and direct effect of the Constitution of the Republic of Tatarstan throughout its territory. Further, reviews cases of constitutionality of laws and other normative legal acts of bodies state power, international treaties of the Republic of Tatarstan, disputes over competence between state authorities and gives turning on the conformity with the Constitution of the Republic of Tatarstan actions and decisions of the President of the Republic of Tatarstan. It was of great importance to fix the provision in the Constitution of the Republic of Tatarstan that acts or their parts, recognized by the Constitutional Court as unconstitutional, lose force from the date of publication of its decision. Unlike other types of court proceedings, the decisions of the Constitutional Court of the Republic of Tatarstan are final, are not subject to appeal and take effect immediately after their proclamation.

Based on the Constitution of the Republic of Tatarstan, on December 22, 1992, the Law of the Republic of Tatarstan "Constitutional Court of the Republic of Tatarstan" and the Resolution of the Supreme Council of the Republic of Tatarstan the procedure for introducing this Law into effect were adopted. It was established that the Law comes into force from the moment of election of the Constitutional Court of the Republic of Tatarstan, and until that time the powers of the Committee for Constitutional Supervision of the Republic of Tatarstan are prolonged.

One of the prerequisites for the development of constitutional justice in the Republic of Tatarstan was the adoption of the Federal Constitutional Law of December 31, 1996, No. 1-FKZ "On the Judiciary of the Russian Federation", which provided for the possibility of creating constitutional (statutory) courts of the subjects of the Russian Federation. In accordance with this Law, constitutional (statutory) courts are assigned to the courts of the constituent entities of the Russian Federation and are included in the single judicial system of the Russian Federation.

A new stage in the development of constitutional judicial control in Tatarstan began on June 29, 2000. The State Council of the Republic of Tatarstan, in accordance with articles 89, 139 of the Constitution of the Republic of Tatarstan and article 9 of the Law of the Republic of Tatarstan elected for 10 years Alkaeva, A.L. Vasin, A.G. Gataullin, L.A. Guseva, A.V. Kosorukov and S.Kh. Nafiev as the Constitutional Court Judges. On the recommendation, of the Constitutional Court Judges Sayfihan Khabibullovich Nafiev and Anas Gazizovich Gataullin were appointed by the State Council as the President and the vice president of the Constitutional Court of the Republic of Tatarstan.

The First President of the Republic of Tatarstan Mintimer Sharipovich Shaimiev noted that the creation of the Constitutional Court in Tatarstan was one of the notable milestones on the way to development of the statehood of its multinational people.  Expressing the conviction that the Constitutional Court will prove to be an effective tool for resolving legal disputes, a conductor of constitutional legality and a reliable defender of rights and freedom citizens. The practice has shown that all the main powers vested in the Constitutional Court of the Republic of Tatarstan have proved to be in demand.

From the first steps of its activity, the Constitutional Court of Tatarstan aims at adopting legal decisions that promote stability in society, strengthening the constitutional order, ensuring the protection of human and citizen's rights and freedom. Its decisions contain legal positions binding on all bodies of state power and local self-government bodies on issues of regulation of constitutional, administrative, housing, social and other legal relationships.

It’s first President, Sayfikhan Khabibullovich Nafiev, who had extensive knowledge, organizational abilities, honesty, integrity and great experience in strengthening the rule of law in the republic, made a great contribution to the work of the Court. His exceptional personal qualities contributed to the consolidation of the collective of judges and the Constitutional Court Staff, he solved complex and important tasks to observe constitutional legality. He had a well-deserved authority in the republic.

Anatoly Vladimirovich Kosorukov, had deep knowledge and experience not only in the field of law, but also in economic theory, made a significant contribution to the activity of the Constitutional Supervision Committee and the Constitutional Court of the Republic.

Sayfikhan Khabibullovich Nafiev and Anatoly Vladimirovich Kosorukov could have done much more for the benefit of the republic, but, unfortunately, passed away in the prime of the creating the Court.

On November 24, 2004, the State Council of the Republic of Tatarstan, on the basis of the provisions of Articles 75 and 108 of the Constitution of the Republic of Tatarstan, elected V.N. Demidov and F.N. Bagautdinov as judges of the Constitutional Court of the Republic of Tatarstan.  Viktor Nikolaevich Demidov was appointed as the chairperson of the court following the Judges recommendation.

In June 2010, the appointment of Gataullin Anas Gazizovich, Alkaeva Dilyara Akhmetovna, Vasin Alexander Lvovich, Guseva Lyubov Akimovna were terminated due to the expiry of the term of office.

In July 2010, the State Council of the Republic of Tatarstan elected Rakha Sakhieva, Ludmila Vasilyevna Kuzmina, Angelina Anatolyevna Hammatova, Artur Rafaelevich Shakaraev as the judges of the Constitutional Court of the Republic of Tatarstan,

In November 2014, the powers of Demidov Viktor Nikolaevich and Bagautdinov Fleur Nuretdinovich were terminated due to the expiry of the term of office.

In December 2014, the State Council of the Republic of Tatarstan elected Gafiyatullin Rashid Fadrttinovich and Khusnutdinov Farhat Gusmanovich as the judges of the Constitutional Court of the Republic of Tatarstan. Khusnutdinov Farkhat Gusmanovich was appointed as the chairperson of the Constitutional Court of the Republic of Tatarstan.

In April 2017, the appointed Hammatova Angelina Anatolyevna was terminated prematurely, and in May 2017 – Gafiyatullin Rashid Fadrttinovich.

In June 2017, the State Council of the Republic of Tatarstan elected Volkova Farida Rahimovna and Mustafina Elmira Mazitovna as judges of the Constitutional Court of the Republic of Tatarstan.

The current Judges composition of the Constitutional Court of the Republic of Tatarstan

Last updated: 10 February 2021, 12:41

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