19 (1)
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2019
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catalogue – 43669
ANTINOMIES
Foundation of journal. Issue topics About journal
Nechkin, Andrey

The institute of specialized constitutional control bodies is quite new for the CIS countries; however, in the issue of its legal regulation, the CIS states have shown a rather wide variety of approaches. The greatest difference in the legal status of the specialized constitutional control bodies of the CIS countries is traced in terms of the order of their formation and in the scope of competence. In addition, the legal regulation of the order of formation and competence in the CIS countries does not remain static, but is prone to
frequent, often conjuncture changes. The subject of this is the detailed consideration of the two elements of the legal status of the specialized constitutional control bodies of the CIS countries.
In this article, the author, using a comparative method of research, examines the order of formation of specialized constitutional control bodies of the CIS countries, singles out four ways of forming these bodies with a preference towards one of the methods characterizing a number of CIS states, which suggests that in determining the composition of the constitutional control body, not only the representative body (parliament), and the head of state, but also representatives of the judiciary from specialized bodies of the judicial community participates on the equal footing. Further in the article, the author in detail, and with the use of a comparative method of research examines the competence of specialized constitutional control bodies of the CIS countries, breaking it into two large groups of powers, namely, general and specific powers. Moreover, in addition to the powers, the author singles out and examines the rights of the specialized constitutional control bodies of the CIS countries. In conclusion, the author based on comparative analysis summarizes the most perfect order of formation of specialized constitutional control bodies, involving the maximum equal participation of all branches of state power, as well the ways of rationalizing their competence, which in the future can be used to improve the constitutional and legal status of the specialized constitutional control bodies in CIS countries, and other states. In addition, the author in more detail, formulates proposals for improving the legal status of the Constitutional Court of the Russian Federation in terms of expanding and specifying its competence.
Keywords: Commonwealth of Independent States; CIS countries; specialized constitutional
control body of the CIS countries; constitutional court of the CIS countries; competence;
order of formation.

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