The possibility of citizens and associations appealing to the court with complaints on violations of constitutional rights and freedoms is guaranteed by Federal Law No. 1-FKZ of July 21, 1994 “On the Constitutional Court of the Russian Federation”. However, court practice shows that the overwhelming majority of such requests (about 95 percent of those received) are poorly prepared and do not pass the initial screening. Therefore, pay special attention to the requirements for such calls.
Instructions
Step 1
Before applying to the Constitutional Court of the Russian Federation, you must make sure that your request corresponds to the subject matter of the cases considered by this instance. Since the practice of the court shows that many applications were addressed erroneously or the form and content of the complaint do not meet the requirements of the law, the main of which are: the current law should affect the constitutional rights and freedoms of citizens; the law is applied in a specific case that has already been considered in court.
Step 2
Think about the unconstitutionality of which particular rule of law you want to prove, prepare arguments. It is especially welcome to bring the judicial practice of Russian and international courts. Point out the significance of the problem and the possibility of improving legislation on the stated topic.
Step 3
Start drafting your complaint by first reviewing the list of requirements for its content. It is mandatory to indicate in it: - the name of the body to which the complaint is sent - the Constitutional Court of the Russian Federation; - the requisites of the applicant (for individuals - the full name and place of residence, for legal entities - the name, address, etc.); - information about the representative of the applicant, a description of his powers, with the exception of cases when representation is carried out ex officio; - the name and address of the state body that issued the act, which is subject to verification, or participating in a dispute about competence; - the norms of the Constitution of the Russian Federation and the Federal Constitutional Law giving the right to appeal to the Constitutional Court RF; - the exact name, date of adoption, number, source of publication and other data on the act to be verified, on the provision of the Constitution of Russia to be interpreted; - specific grounds specified in this Federal Constitutional Law for considering the complaint of the Constitutional Court of the Russian Federation; - the position of the applicant on this issue and its justification with a mandatory reference to the norms of the Constitution of the Russian Federation; - a requirement addressed th to the Constitutional Court of the Russian Federation; - a list of documents attached to the complaint.
Step 4
The following documents may be attached to a complaint sent to the Constitutional Court: - the text of the norm being checked, or the provisions of the Constitution of the Russian Federation, which is subject to interpretation; - power of attorney or other document confirming the powers of the representative; - receipt of payment of the state duty. these can be translations into Russian of those documents and materials that are presented in another language. As well as lists of experts and witnesses who will be invited to speak at the Constitutional Court.
Step 5
Submit the prepared package of documents to the Constitutional Court of the Russian Federation. You can do this by contacting one of the two receptions located in Moscow and St. Petersburg. Sending complaints to the Constitutional Court is recommended to the address: 190000, St. Petersburg, Senatskaya Square, Building 1. You can find the opening hours and addresses of reception offices on the official website of the Constitutional Court by clicking the link at the bottom of the page.
