The subject and procedure for consideration of cases of compliance of the initiative to hold a referendum on the proposed issue (proposed issues) of the referendum with the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation

Abstract

Introduction. The issue of the subject of review of cases of compliance of the initiative to hold a referendum on the proposed issue (proposed issues) of the referendum with the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation is not regulated in the federal legislation. In addition, the federal legislation regulates the procedure for considering cases of this category only in general terms. Theoretical analysis. The systematization of the opinions presented in the scientific literature regarding the subject of verification in this category of cases allows us to distinguish two positions: the subject of consideration by the Constitutional Court should include both the issues proposed for a referendum and the entire procedure for the initiative of holding a referendum; only the issues proposed for a referendum should be the subject of consideration by the Constitutional Court. Empirical analysis. The analysis of the criteria (limits) of verification for the category of cases under consideration showed that, in any case, they should include compliance of the issues proposed for a referendum, the division of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation with the Constitution of the Russian Federation. The criteria for the admissibility of the motion, the procedural form and procedural periods of consideration of cases of the category under study need to be improved. Conclusions. The subject of verification in cases of the category under consideration should be not only the issues proposed for a referendum but also the entire procedure for the initiative of holding a referendum. The author proposes to amend the legislation providing for the exemption of the President of the Russian Federation from paying state duty when bringing the matter before the Constitutional Court of the Russian Federation in cases of the category in question, the possibility of participation of representatives of the electoral association or public authority proposing the initiative to hold a referendum, the Central Election Commission of the Russian Federation and the President of the Russian Federation in consideration of cases of this category. The author also proposes to provide a special chapter in the relevant law regulating the consideration of cases of compliance of the initiative to hold a referendum on the proposed issue (proposed issues) of the referendum with the Constitution of the Russian Federation.