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National Research UniversityHigher School of EconomicsTristan Dmitry AlexandrovichPROTECTION OF THE RIGHTS OF ASSOCIATIONS OF CITIZENSBY THE AUTHORITIES OF CONSTITUTIONAL JUSTICEIN THE RUSSIAN FEDERATIONPhD Dissertation Summaryfor the purpose of obtainingPhilosophy Doctor in Law HSEAcademic supervisorKryazhkov Vladimir AlexeevichDoctor of Science, ProfessorMoscow – 2018 2The thesis was completed at the Department of Constitutional and AdministrativeLaw of the Faculty of Law of the National Research University‘Higher School of Economics’The text of the thesis is available on the website of the Higher School ofEconomics: https://www.hse.ru/sci/diss/12.00.02 - Constitutional law; constitutional litigation; municipal lawAcademic SecretaryDissertation Council in LawDoctor of Science , assistant professorIrina Alexandrovna Emelkina 3GENERAL CHARACTERISTICS OF THE RESEARCHThesis research rationale.
The institution of constitutional complaint appeared inRussia relatively recently – in early 90s of the past century together with the origin ofthe constitutional justice, as such, in the country. The power of the Constitutional Courtof the Russian Federation (hereinafter – Constitutional Court of Russia, Court) toinvestigate complaints has been strongly established as the most highly demanded onein protection of fundamental rights and freedoms of citizens and citizen groups. Thus,among a total of 242,169 complaints received by the Constitutional Court from 1995 to2011, in 240,561 cases the complainants were citizens and citizen groups, i.e.
99.34%,in 2012 – 99.73% (18,694 of 18,745); in 2013 – 99.74% (15,062 of 15,101); in 2014 –99.78% (15,969 of 16,005); in 2015 – 99.64% (14,570 of 14,622); in 2016 – 99.78%(14,000 of 14,031); in 2017 – 99.77% (14,604 of 14,638)1. Moreover, the number ofcomplaints coming from citizen groups and legal entities that are adjudicated by theCourt following their examination has been steadily growing. While in 2012, there were141 such complaints, in 2014, those were as many as 169, in 2015 – 199, in 2016 – 213and in 2017 - 2292.The above data show that the institution of constitutional complaint is now holdinga leading position in the constitutional justice system, that citizen groups are extensivelyusing their right to apply to the Constitutional Court of Russia for protection of theirconstitutional rights, and that their need in this judicial remedy is constantly growing.Recently, especially amid the economic and political crisis in Russia, an increasingpenetration of government control into social relations has been seen3.
Consequently,government pressure on business and nonprofit sector is intensified and administrative 1Complainants, which filed complaints with the Constitutional Court of the Russian Federation / Official website of theConstitutional Court of the Russian Federation. URL: http://www.ksrf.ru/ru/Petition/Pages/NewReference.aspx (as of May11, 2018).2Information about the number of decisions made on complaints filed by citizen groups and legal entities generatedfollowing the results of an analysis of data available in ConsultantPlus legal reference system (ver.
2018) as of May 11,2018.3V.I. Kruss aptly identified this trend as “total juridification of social relations”. See V.I. Kruss, Constitutionalization ofJustice and Constitutional Legal Framework of Direct Democracy in the Russian Federation // Russian Juridical Journal,2013, #3. Access from ConsultantPlus legal reference system, ver.
2016. 4barriers are created that are often formalized in laws being far from perfect. In such asituation, citizen groups are in need of most reliable guarantees of the right to protecttheir interests in court, thus actualizing the need in improvement of the constitutionaljustice mechanisms.No references to fundamental rights of citizen groups in the Constitution of theRussian Federation and, at the same time, the Court’s practice to recognize and protectsome of their rights and freedoms raise the issue of scientific substantiation of thegroups’ constitutional personality and the scope of applicability of the constitutionalhuman rights to the groups as a fundamental premise to grant them the right to apply toconstitutional tribunals.
It is important to study these issues to determine the parametersof an object of constitutional judicial protection.Having granted citizen groups the right to apply to the Constitutional Court, thelegislator has not clarified the scope of the right holders and left the resolution of theissue to the discretion of the Court, whose practice in this respect is highlycontroversial. The contrast in the Court’s views as to the scope of groups entitled to aconstitutional complaint and parties entitled to apply for protection of the groups’ rights,as well as the groups’ ability to protect the rights of their members and other parties inthe Court gives rise to the issue of access to constitutional justice.
This fact actualizesthe need in scientific reflection on the concept of voluntary groups, their characteristicsand legal status, including with a view to develop balanced legislative changes in thecontrol over constitutional proceedings in regard to parties holding the right to file acomplaint with the Court.An analysis of the Constitutional Court’s decisions shows that the aim ofprotecting the rights of citizen groups is far from being always attained. Therefore, it isvery important to focus on the issues of efficient protection of the groups’ rights,identify the areas where the issues are manifested and define criteria that allowassessment of the Court’s performance in this area.Despite that the citizen groups’ right to a constitutional complaint was enshrined inthe law more than 20 years ago, and since then the Court has developed its practice to 5investigate the complaints, this issue has not been subjected to a comprehensivescientific research until now.
The thesis is an attempt to fill this gap.Extent of previous research. The theoretical basis of the research is formed byscientific works related to the general theory of law and human rights, constitutionaljustice and history of the institution of citizen groups, constitutional freedom ofassociation and legal status of voluntary groups.The scientific basis for addressing the issue of constitutional judicial protection ofthe fundamental rights and freedoms is formed by works authored by P.D. Blokhin,N.S. Bondar, O.V. Brezhnev, N.V.
Vitruk, G.A. Gadzhiev, E.V. Gritsenko, A.V.Dolzhikov, O.N. Doronina, L.V. Lazarev, R.E. Karasev, A.N. Kokotov, M.A.Kokotova, S.D. Knyazev, I.A. Kravets, V.I. Kruss, V.A. Kryazhkov, O.N. Kryazhkova,V.O. Luchin, N.A. Marokko, M.A. Mityukov, T.G. Morshchakova, S.V. Narutto, V.V.Nevinsky, S.Y.
Nesmeyanova, V. Rosemari, A.V. Smirnov, A.A. Troitskaya, V.I.Fadeev, E.S. Shugrina et al.The research of the issues related to filing of complaints alleging violations of theconstitutional rights and freedoms with the Constitutional Court of Russia by citizengroups and legal entities has been much influenced by works authored by V.V.Goshulyak, V.
Kuznetsov, O.V. Romanovskaya, K.A. Ryvkin, V.V. Soldatov, A.V.Chaptykov. Thus, V. Kuznetsov was one of the first domestic scientists, who focused onthe fundamental rights and freedoms held by legal entities, laid down convincingarguments that justified the applicability of the rights to those entities, and analyzed therespective legal views of the Court4. General theoretical and practical issues related toprotection of legal entities’ constitutional rights in the Constitutional Court of Russiawere the focus of a thesis research by V.V. Soldatov5, which clarified critical issues ofthe constitutional legal status of legal entities and protection of their fundamental rightsin the Constitutional Court of Russia, gave a classification of the rights and identifiedthe trend to constitutionalize rights held by legal entities.
A research paper by O.V. 4V. Kuznetsov, The Constitution and Rights of Legal Entities // Russian Justice, 1997, #4.V.V. Soldatov, Protection of Constitutional Rights of Legal Entities in the Constitutional Court of the Russian Federation.Thesis, PhD in Law – Chelyabinsk, 2007, 240 pages.5 6Romanovskaya6 analyzed the practice employed by the Constitutional Court of Russiato expand the scope of parties holding the right to a constitutional complaint ininterpretation of the “citizen group” term and identified both positive aspects of thetrend and problems related to the same.A significant contribution to the research of legal issues faced by groups and civilsociety was made by such scientists as S.A.
Avakian, I.A. Alebastrova, A.A. Aliev,D.A. Alimov, O.A. Kozhevnikov, A.N. Kokotov, V.V. Lysenko, N.A. Lyubutov, D.A.Malyi, A.V. Markitantov, T.V. Soifer, S.A. Soldatov, A.S. Tumanova, T.A.Yampolskaya, I.G. Shablinsky, A.I. Shchiglik et al.The majority of works that analyze the institution of constitutional complaint areprimarily focused on complaints filed by citizens with no due account for the specificnature of complaints filed with the Court by groups.
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