国内宪法监督(20 - 20世纪30年代上半叶)

Yuriy Shulzhenko
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引用次数: 0

摘要

宪法监督是宪法最重要的法律保护形式之一,其实质是对其他法律行为进行制约、认定、查明和消除与宪法不一致的活动。所选择的研究时期的时间框架是由于它是有趣的,在实践和理论方面,在许多方面在这一领域的搜索解决方案发生在我国。这是苏联最高法院和苏联最高法院检察官办公室在宪法监督中的地位和作用进行激烈竞争的时期。最终的结果是,联邦议会在中央层面,在联邦的主体——他们的议会中占据了主导地位。与此同时,宪法监督的主要职能最终被分配给苏联检察官办公室。还应当指出的是,在苏联时期恢复检察官办公室这一事实本身已经成为俄罗斯在革命前、在许多方面被证明是具体的、旧的传统机构的复兴、调整和在实践中使用的真正指标。应当指出,这种由检察官办公室参与的宪法监督的议会结构非常有吸引力,而且可能是有效的。它的先决条件是采取措施,使不符合《宪法》的行为甚至在通过之前即提前符合《宪法》。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Domestic constitutional supervision (20th – the first half of the 30s of the twentieth century)
According to the author, the essence of one of the most important forms of legal protection of the constitution is constitutional supervision, in the activities of checking, identifying, ascertaining and eliminating inconsistencies with the constitution of other legal acts. The time frame of the chosen research period is due to the fact that it was then that interesting both in practical and theoretical terms in many ways search solutions in this area took place in our country. It was a period of intense competition between the Supreme Court of the USSR and the Prosecutor’s Office of the Supreme Court of the USSR for a place and role in constitutional supervision. The end result is that the Union parliament has become dominant here at the level of the Center, in the subjects of the Federation – their parliaments. At the same time, the main functions of constitutional supervision are assigned ultimately to the Prosecutor’s Office of the USSR. It should also be noted that the very fact of the revival of the prosecutor's office in Soviet times has become a real indicator of the resuscitation, adaptation, use in practice of old, pre-revolutionary, proven, in many ways specific, traditional institutions for Russia. It should be noted that such a parliamentary structure of constitutional supervision with the involvement of the prosecutor's office is very attractive and can be effective. It presupposes the adoption of measures to bring acts that do not comply with the Constitution into compliance with it even before their adoption, so in advance.
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