The public of the Russian Federation is against the abolition of constitutional courts in the republics

Chairman of the Federation Council of the Federal Assembly of the Russian Federation

V. I. Matvienko

Dear Valentina Ivanovna!

As you know, on September 22, a draft Constitutional Law “On Amendments to Certain Federal Constitutional Laws” was submitted to the State Duma, which basically regulates the procedure for terminating the powers of chairmen, deputy chairmen, and judges of the courts of the Russian Federation. This draft constitutional law was adopted on October 21 in the first reading.

On November 17, the State Duma, already in the second reading, adopted the draft law under the same name and registration number, but radically different from the first version. In article 5, new paragraphs 3-6 have appeared, which actually change the essence of the bill:

- until January 1, 2023, the constitutional (charter) courts of the constituent entities are abolished;

- from the date of entry into force of this federal constitutional law, firstly, the constitutional (statutory) courts of the constituent entities of the Russian Federation do not accept new cases for proceedings, and secondly, new judges are not appointed;

This means that if on September 22 one bill was submitted for the first reading, then on November 17 another bill was actually submitted for the second reading, grossly violating the principles of the federal structure of the country. And this draft was adopted in the third reading the very next day without any broad discussion.

The constitutional courts of the constituent entities of the Russian Federation are called upon to control the legislation of the regional level, which is the main body of the legislation of the Russian Federation. In addition, the constitutional courts of the subjects resolve possible constitutional and legal contradictions between the federation and its subjects. Thus, it turns out that the constitutional courts of the subjects are one of the pillars of the federal structure of our country, the presence of which strengthens the federal foundations of the state. The liquidation of the constitutional courts of the constituent entities damages the federal system of Russia and poses a threat to national security.

It should be added that the President of the Russian Federation V. Putin on February 26 actually spoke out in defense of the constitutional courts of the constituent entities, saying that "where they are in demand, they, of course, should function." Roughly the same was said by the chairman of the State Duma Committee P. Krasheninnikov: "The constitutional and statutory courts of the subjects are under the jurisdiction of the subjects of the Federation, which make decisions whether these courts will work or not."

At the moment, the bill is under consideration by the Federation Council of the Russian Federation. If the State Duma violates the principle of federalism in legislative matters, then the Federation Council, which is the chamber of regions in the Federal Assembly, must correct this mistake.

Dear Valentina Ivanovna, we demand that you remove clauses 3-6 of Article 5 of the constitutional bill "On Amendments to Certain Federal Constitutional Laws" adopted in the third reading of the State Duma.

Democratic Congress of the Peoples of Russia:

Ivan Shamaev - Chairman of the Sakha Congress.

Zhilyabi Kalmykov - Chairman of the Kabardino-Balkarian public movement “Coordination Council of Adygeyan Public Associations”.

Vasily Kudirmekov - Chairman of the El-Altai Regional Public Fund for the Revival of the Altai People and the Conservation of the Nature of Gorny Altai.

Valery Khatazhukov - Chairman of the Kabardino-Balkarian Human Rights Center.

Bulat Gatin - Secretary of the Council of Co-Chairmen of the Association of Indigenous Peoples of the Russian Federation.

Fauzia Bayramova - Chairman of the Milli Mejlis of the Tatar people.

Farit Zakiev - Chairman of the All-Tatar Public Center, Tatarstan.

Rauf Ibragimov - Chairman of Shura Aksakalov (Council of Elders) of Tatarstan.

Gayar Iskandyarov - Chairman of the Foundation for the Development of Muslim Peoples, Moscow.

Council of the RPO "Union of Tatars of Moscow".

Rinat Hafiz - Chairman of the People's Democratic Party "Vatan", Moscow.

November 30, 2020

Source: zapravakbr.com