Analysis of the decisions of the Constitutional Court on the verification of the constitutionality of certain provisions of the Land Code of the Russian Federation

Abstract

Introduction. Citizens’ rights to land are guaranteed by a number of provisions of the Constitution of the Russian Federation, and the powers aimed at their implementation are enshrined in the land legislation, primarily in the Land Code of the Russian Federation, which is the country’s basic law on land. In this regard, the contradiction of the Land Code of the Russian Federation to the Constitution of the Russian Federation is the most significant defect of law, since it prevents citizens from exercising their constitutional rights as the highest constitutional value. The analysis of the decisions of the Constitutional Court of the Russian Federation is essential for assessing the quality of the land legislation, as well as for identifying trends in the human rights activities of the Constitutional Court of the Russian Federation in this area of public relations. Theoretical analysis. The legal nature of the norms of the Land Code of the Russian Federation, which were investigated by the Constitutional Court of the Russian Federation on the basis of complaints received from citizens, including the historical and formal legal context, was analyzed. Empirical analysis. The analysis of the decisions of the Constitutional Court of the Russian Federation, together with the assessment of the problems of implementing the relevant provisions of the Land Code of the Russian Federation, made it possible to assess the effectiveness of the decisions taken by the court and to offer prospects for the implementation of constitutional norm control in the field of the land legislation. Results. The analyzed resolutions of the Constitutional Court of the Russian Federation may indicate that even the fundamental provisions of the Constitutional Code of the Russian Federation in the development of public relations and the untimely reaction of the legislator to this may hinder the realization of the constitutional rights of the citizens to land, and the Constitutional Court of the Russian Federation plays an important, even decisive role in the restoration of these rights. However, the legal positions of the Constitutional Court of the Russian Federation are not always sufficient for a full-fledged solution to the legal problem. In this regard, a broader methodological approach that allows assessing the future and responding proactively to possible law enforcement problems caused by imperfect legislation could enhance the importance of the decisions of the Constitutional Court of the Russian Federation for the protection of the rights of the Russian citizens guaranteed by the Constitution of the Russian Federation.

Keywords

• resolutions of the constitutional court of the russian federation
• the land code of the russian federation
• constitutionality of a normative legal act
• protection of citizens’ rights