Legal aspects of the formation of constitutional control bodies in Russia

Abstract

The article examines the history of the development of constitutional control bodies in Russia, from the early stages to the 1917 revolution and ending with modern realities. Particular attention is paid to historical aspects, including the development of constitutional ideas in the 19th century. The authors traced the process of collision of the liberalism and constitutionalism ideas adopted from Western Europe, with the autocratic structures of Russian power. The methods of analysis, comparison, systems approach, historical and legal method were used to study the historical stages, including the reforms of 1906, the October Revolution, the Soviet years, and the creation of the Constitutional Court in post-Soviet Russia. The work covers the period of the constitutional control development in the context of political changes, transformation of the concepts of rights and freedoms, as well as institutional mechanisms ensuring the Constitution protection. It is argued that, despite the presence of a written Constitution, in reality there was no mechanism for protecting the rights of citizens for a long time, and this contributed to the centralization of power and repression. The introduction of the Constitutional Oversight Committee in 1988 was the first step towards reforming the system. However, only the creation of the Constitutional Court in 1991 ensured more effective protection of constitutional rights. It is concluded that the development of constitutional justice in Russia continues in the context of new challenges.