Medvedev not happy with his cabinet’s attitude towards the Constitutional Court

According to today’s edition of Gazeta.ru, Russian Prime Minister Medvedev is not happy with his cabinet’s attitude towards decisions made by the Constitutional Court, as his ministers seem to be taking their time in building those decisions into relevant statutes. Medvedev was quoted saying that “more than 200 bylaws that should have been enacted in accordance with the current legislation have not been prepared yet, and the Government did not follow as many as 58 decisions made by the Constitutional Court. This is outrageous.” The Constitutional Court already complained about the Government and other courts, stating that the courts frequently interpret its decisions quite liberally and look for various options to avoid their implementation. In some cases, courts even fail to respect the applicant’s privileges (deciding on a case in a way that accepts the Constitutional Court’s decision and restores petitioner’s constitutional rights). Due to the disregard of its decisions, the Constitutional Court has to repeat itself by issuing separate explicit orders to the lower courts to review a petitioner’s case.

It seems that the disrespect towards the Constitutional Court’s decisions increased during the last three years. The Constitutional Court received 418 complaints regarding non-compliance with its decisions in 2011, up from 374 complaints in 2010. At the end of 2011, as many as 47 of the Constitutional Court’s decisions were still waiting to be included in respective regulations. The Ministry of Justice seems to be the main culprit, as it is tasked with supervision regarding the implementation of court decisions, but the Parliament and the Government cabinet share the blame as well. The Constitutional Court complained about the Government’s habit to postpone the drafting of regulations based on the Court’s decisions, regardless of the Law on the Constitutional Court of the Russian Federation, which requires the Government to bring such regulations before the Parliament within a period not exceeding three months. In 2011, the Ministry of Justice drafted eight regulations involving Constitutional Court’s decisions, of which only one reached the Parliament, while the others got stuck in various phases of preparation. The Parliament does not have a special procedure for enactment of regulations deriving from the Constitutional Court’s decisions, which leads to frequent delays.

Russian Prime Minister Medvedev stated that this situation did not happen overnight, but has been going on for a long time. It demonstrates the Government’s nihilistic approach to its duties and prevents it from serving as an example to the rest of the society. “If we want others to behave properly, we should begin with ourselves,” Medvedev said.

Other news:

Two is a company, three is just about right

Consumer electronics retail chain “Svyaznoy” will become Apple’s third direct reseller in Russia, besides mobile operators Vimpelcom and MTS.

SF author Boris Strugatsky dies

Boris Strugatsky, a popular SF author, died yesterday at the age of 79. Together with his brother Arkady, who died in 1991, Boris created several famous SF novels, including “The Inhabited Island”, “Hard to be a God“, and “Roadside picnic”, which served as the basis for Andrei Tarkovsky’s movie Stalker.

 

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