The Constitutional Court of Russia

The Constitutional Court of the Russian Federation checks whether laws and other normative acts comply with the Constitution. It does not decide who is right in an ordinary dispute. It rules on the rule itself, and a provision it finds unconstitutional loses force. Its work is governed by the Federal Constitutional Law on the Constitutional Court, and it sits in St. Petersburg.

For a private person the main entry point is an individual complaint: a claim that a law applied in your own case violated your constitutional rights.

What the Court Is Empowered to Do

The Court reviews federal laws, presidential decrees, Government resolutions and regional acts at the request of state bodies and courts. It gives official interpretation of the Constitution and resolves disputes over competence between federal and regional authorities.

Since the 2020 constitutional amendments its powers have grown. At the President's request it may check a bill before signature. It also decides whether a ruling of an interstate body, based on an international treaty, can be enforced in Russia if that ruling contradicts the Constitution.

Individual Complaints by Citizens and Companies

A citizen or an organisation may challenge a provision of law that was actually applied in a specific case decided by a court. Three conditions matter. The rule must have been applied to the applicant. Other domestic remedies must be exhausted, which in practice means going through the appeal and cassation stages. The complaint must show which constitutional right is affected and why.

A complaint cannot attack a court's assessment of facts or ask the Court to re-weigh evidence. Such arguments are returned without review.

How a Complaint Moves Through the Court

The Secretariat studies each application first. If it clearly falls outside the Court's jurisdiction or lacks required documents, the applicant receives a notice. The applicant may still insist on a decision by the judges.

A judge-rapporteur then prepares the matter, and the Court decides whether to accept it. Many complaints end with a ruling of refusal, which may still contain useful reasoning. Accepted cases are decided at a hearing or in written proceedings.

Stages of Review at a Glance

Most applications stop at the first two stages shown below.

A refusal ruling is final, but it does not bar a later complaint by another applicant.

Rulings That Shaped Russian Law

Several decisions are cited constantly. In 1999 the Court held that the death penalty could not be imposed until jury trials operated throughout the country, and it later confirmed that the moratorium continues. In 2015 it ruled that judgments of the European Court of Human Rights could be declared non-enforceable if they conflicted with the Constitution, a position later written into law.

Many rulings concern everyday matters such as taxes, housing, inheritance and bankruptcy, and they are often more useful in practice.

Legal Effect of Decisions

Decisions of the Court are final and cannot be appealed. When a provision is declared unconstitutional, courts and officials may no longer apply it, and the applicant's case can be reopened on new circumstances.

Often the Court does not strike a rule down but reveals its constitutional meaning. That interpretation becomes binding, and applying the rule differently is a ground for review.

Using the Court from Abroad

The procedure is written and needs no trip to Russia. Documents are filed in Russian with copies of all court decisions in the case. A complaint should be planned while the ordinary appeals are still running, so the constitutional argument is raised early.

Attorney Elena Petrova reviews whether a complaint is realistic, identifies relevant earlier rulings of the Court and explains the prospects in English for clients in California.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.