Frequently asked questions

Question No. 1:

What cases are considered by the Constitutional Court of the Republic of Tatarstan? What are it’s powers?

Answer:

The Constitutional Court of the Republic of Tatarstan (further CC RT) considers the following categories of cases:

1. The cases according to complaints of citizens and on requests of courts checks the constitutionality:

 - of laws of the Republic of Tatarstan or their separate provisions;

- of regulatory legal acts of the President;

- of regulatory legal acts of Cabinet Council of the Republic of Tatarstan;

- of regulatory legal acts of local government bodies.

2. At the request of state and municipal authorities, checks the constitutionality:

- of laws of the Republic of Tatarstan;

- of regulatory legal acts of the President;

- of regulatory legal acts of Cabinet Council of the Republic of Tatarstan;

- of regulatory legal acts of other public authorities of the Republic of Tatarstan;

 - regulatory legal acts of local government bodies;

- the agreements on the international and foreign economic relations of the Republic of Tatarstan which haven’t come into force.

3. Gives the interpretation of the Constitution of the Republic of Tatarstan (only on requests of the applicants who are directly specified in the Law of the Republic of Tatarstan “On the Constitutional Court of the Republic of Tatarstan”)

4. Considers disputes on the competence between public authorities of the Republic of Tatarstan; between public authorities of the Republic of Tatarstan and local government bodies; and between local governments bodies.

Question No. 2: How to determine whether the legal act is
regulatory or not? What is a regulatory legal act?

According to article 3 of the Law of the Republic of Tatarstan of October 31, 2002 No. 21-ZRT “On an order of publication and entry into force of laws and other regulatory legal acts of the Republic of Tatarstan concerning protection of the rights and freedoms of the person and the citizen" a regulatory legal act of the Republic of Tatarstan is an official document in a written and establishing form published in accordance with the established procedure and within the competence by the public authority empowered on that by local government body or the official, establishing the provision of law (rules of conduct) obligatory for an uncertain circle of people, designed for repeated use and execution by public authorities and local government bodies, organizations and institutions, officials, citizens and their associations throughout the republic.

Similar determination also is used in the court practice.Thus, according to point 9 of the resolution of the Plenum of the Supreme Court of the Russian Federation of November 29, 2007 No. 48 “On practice of consideration of cases of contestation of regulatory legal acts by courts completely or partly” the essential features characterising a regulatory legal act are: the issuance in accordance with the established procedure by authorised public authority, local government body or the official; the presence of the provision of law (rules of conduct) in it obligatory for an uncertain circle of people designed for repeated use, directed to the settlement of the public relations or on change or the termination of the existing legal relationship.

As appears from the legal proposition item of the Constitutional Court of the Russian Federation, laws of general application are normative legal laws, personally addressed to an indefinite number of persons, designed for repeated use, which contain elaborated regulatory prescriptions, mandatory rules (Decision dated November 17, 1997 № 17-P).

Question No. 3: Is a citizen able to contest in CC RT departmental normative legal act of public authorities of the Republic of Tatarstan, for example, the regulation adopted by the ministry of the Republic of Tatarstan?

Answer:

The President of the Republic of Tatarstan, the State Council of the Republic of Tatarstan, his Presidium and committees, one fifth of the determined number of deputies of the State Council of the Republic of Tatarstan, the Human Rights Commissioner  in the Republic of Tatarstan, the Cabinet Council of the Republic of Tatarstan and local governments bodies have rights to address to CC RT on the matter. Citizens don’t have such rights.

However, it should be noted that a citizen may act indirectly, i.e. through the above-mentioned appropriate applicants.

Question No. 4: Is it possible to appeal against the decisions and sentences accepted by the general jurisdiction courts in CC RT?

Answer: No, it’s not.  Appeal, review or vacating of these decisions and sentences are only possible in the system of courts of general jurisdiction by the rules of the relevant procedural legislation.

Question No. 5: Is it possible to appeal against actions (inaction) of public authority, local government body, the official or the government or local government officer in CC RT?

Answer: It is necessary to apply to general jurisdiction court on these issues. They aren't subordinated to  the Constitutional Court of RT.

Question No. 6: What is the amount of the state fee while applying to CC RT and can it be delayed, reduced or cancelled?

Answer: The size of the state fee when applying to CC RT is 300 rubles. It can be can be delayed, reduced upon the petition of an applicant or a citizen can be completely released from it.

Question No. 7: What is necessary to apply to the court?

Answer:

1. To fill in the complaint in the prescribed form attaching necessary documents and to pay the state fee in the prescribed size (the sample of the complaint can be downloaded in the section “Application to the Constitutional Court of the Republic of Tatarstan”). Copies of the documents confirming the application or a possibility of application of the appealed law of the Republic of Tatarstan or other normative legal act in case of the adjudgment of a specific case are enclosed to the claim. The complaint will be considered admissible if the law or other normative legal act is applied or liable for application in specific case of the applicant, consideration of which is completed or begun in court or in other body.

2. To make a properly executed complaint with attachments in CC RT.

Question No. 8: How and where the complaint is filed?

Answer:

The complaint can be personally made to the address: 420060, Kazan, Pushkin St., 66/33, or sent by mail, or e-mail: KS.RT@tatar.ru.

Question No. 9: Is the Constitutional Court of the Russian Federation higher instance to appeal the decisions of the CC RT?

Answer:

The decisions of CC RT are final and without appeal.

In the meantime, a citizen has the right to appeal to the Constitutional Court of the Russian Federation in case of jurisdiction of his complaint to this court. However, it would not be a revision of the final decision of the CC RT,  but a the separate decision of the Constitutional Court of the Russian Federation.

Question No. 10: How do I know about the acceptance or refusal in the admission of my complaint in CC RT?

Answer:

The apply which has come to CC RT is considered in two stages.

The first stage is a preliminary consideration by the staff of CC PT, on completion the applicant is given a letter of notice, signed by the chief of staff on the transfer to the judge or judges) of his application for preliminary scrutiny or on the refusal in such transfer.

The second stage is a preliminary scrutiny of the appeal by the judge (judges) of KC RT after which a decision about acceptance to consideration of the appeal and about preparation the case for hearing or about refusal in acceptance to consideration is made. The applicant is also given a letter of notice.

 

 

Last updated: 2 June 2017, 09:46

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