Constitutional Jurisdiction (Judicial) Proceeding as a Means of Security and Defense of the Bases of Constitutional System of Russia

Abstract

Judicial defense is the major legal guarantee of a legality principle, because exactly a court settles the question put before it about the breach of law, and restores the violated rights. Judicial defense is a type of legal defense. The judicial defense from illegal decisions, actions (inactions) of legislative (representative) and executive bodies of state power is executed by the Federal courts (Constitutional Court of the Russian Federation, courts of general jurisdiction, arbitration courts) and constitutional (statutory) courts of the Russian Federation subjects. The Constitutional Court of the Russian Federation is one of branches of judicial power that performs the functions in the forms of the constitutional legal proceeding provided by the law. On the stage of summing up of execution of the investment and social tasks in the Russian Federation the balance of interests (public and private) of the contracting parties is observed and the one-sided estimation of the real results is eliminated.

DOI: 10.5901/mjss.2015.v6n1s2p78