Gaps in the criminal procedure legislation, caused by the recognition of norms unconstitutional
( Pp. 96-99)

More about authors
Maltseva Angelina Anatolyevna aspirantka. Podrazdelenie: kafedra ugolovnogo processa.
Ural state law Academy
For read the full article, please, register or log in
Abstract:
Gaps in the law and in the criminal procedure, in particular, may be caused by a number of objective and subjective reasons. One of such reasons can be a situation, when the functioning of the rule of law is recognized unconstitutional. A question arises: can the constitutional Court, in its practice, recognizing the unconstitutionality of the norm, offers the decision of the arisen gap? On the basis of the analysis of a specific resolution, you can make a conclusion that the constitutional Court has proposed temporarily solve the existing gap concerning the deadline for the submission of the complaint. The article discusses several options which applies to the nature of such decision: to consider as the legislative activities, the analogy of the law or the analogy of the statute. The question of the law-making activities of the constitutional Court in science remains controversial and meets a negative assessment. Using the analogy of the statute in this case it is also questionable, because when making the decision, the Court disregarded the rule of inadmissibility of the application by analogy of the dead law. It seems to be more faithful to evaluate the resolution of a gap like the use of analogy of law that is the appeal to the General principles of law. Touched upon the problem is relevant in the present time, as legislative bodies are not in a hurry to make appropriate changes in recognized as unconstitutional the norms, which raises issues of the law enforcement bodies.
How to Cite:
Maltseva A.A., (2013), GAPS IN THE CRIMINAL PROCEDURE LEGISLATION, CAUSED BY THE RECOGNITION OF NORMS UNCONSTITUTIONAL. Business in Law, 1 => 96-99.
Reference list:
Zor kin V.D. Pretsedentnyy kharakter resheniy Konstitutsionnogo Suda Rossiyskoy Federatsii // ZHurnal rossiyskogo prava.2004. № 12.
Lazarev L.V. Pravovye pozitsii Konstitutsionnogo Suda Rossii. M., 2008.
Nersesyants V.S. Sud ne zakonodatel stvuet i ne upravlyaet, a primenyaet pravo (o pravoprimenitel noy prirode sudebnykh aktov) // Sudebnaya praktika kak istochnik prava. M., 1997.
Problemy obshchey teorii prava i gosudarstva / Pod red. V.S. Nersesyantsa. M., 2002. S. 472.
Keywords:
The Constitutional Court, criminal procedure law, a gap in the law, the analogy of law, analogy of the law, lawmaking.


Related Articles

Issue №16219
Actual problems of departmental lawmaking
department legal act departmental lawmaking the law the normative legal act rule-making
Show more
Issue №5215
The Constitutional Court and the key problems of the Criminal Procedure legislation
The Constitutional Court constitutional proceedings the criminal process judicial review
Show more
Issue №2615
Problems of formation of the international legal status of the confederative state
the state right legislation lawmaking legal regulation
Show more
Issue №11481
Italian Constitutional Court Foundation History
Italy The constitutional court The Constitution constitutional law
Show more
Issue №6252
LAWMAKING: A THEORY QUESTION
regulatory act the law lawmaking law-making the legislative process
Show more
Issue №5413
THE PARTICIPATION OF THE AUTHORITIES OF PRESIDENTIAL POWER IN THE PROTECTION OF THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN
The President of the Russian Federation Garant the rights and freedoms of man protection lawmaking
Show more
Issue №11481
Italian Constitutional Court Composition
Italy The constitutional court The Constitution constitutional law the composition of the constitutional court
Show more
Issue №20591
Constitutional and Legal Formalization of the Principles of Competitivenessand Equality of the Parties in Constitutional Legal Proceedings: The Experience of the CIS Countries
constitutional proceedings the Constitutional Court the principle of competition of the parties the principle of equality of the parties equality
Show more
Issue №11481
Constitutional Procedure in the Constitutional Court of Italy
Italy The constitutional court The Constitution constitutional law the constitutionality
Show more
Issue №17401
Factual systems in law: formation of a concept and meaning
legal fact factual composition factual systems lawmaking law enforcement
Show more