Monitoring implementation of the legal positions of the Constitutional Court of the Russian Federation.

<div>In this paper, a study was conducted monitoring of the implementation of the legal positions of the Constitutional Court of the Russian Federation , from the standpoint of sociological positivism. Identified specific features of monitoring acts of constitutional interpretation , functions and principles of its implementation. Proposed his concept of monitoring the implementation of the legal position of the Constitutional Court . The questions of organization and legal regulation of the investigated areas of monitoring at the federal and regional levels. Related studied this area of monitoring studies and methodological shortcomings of the legal nature , to proposals aimed at resolving them . The study was conducted in the context of comparative legal analysis of foreign laws regulating production monitoring in the field of constitutional control.</div><div>On the basis of this study , the following conclusions :</div><div>1) at the legislative level, the current legal framework regulating the implementation of the test directions and practice monitoring its implementation does not take into account the legal nature of the legal position of the Constitutional Court , which directly or indirectly affect the various elements of the mechanism of legal regulation , not only the means of tools ( rule of law , acts of law, interpretive acts) , but also the means - action ( law-making , enforcement process). We believe that the scope of the control monitoring should also be included , and other forms of implementing the legal consequences of legal positions : active performance (correction acts of interpretation and application of the law acts) and passive compliance ( verification projects PPA );</div><div>2) the problem of monitoring the implementation of the legal position of the Constitutional Court are connected not only with the legal regulation of the activity , but also with the lack of legal certainty the legal consequences of the decisions of the Constitutional Court . Until now, a number identified by the Constitutional Court of the Russian Federation legal properties of their solutions are not reflected in FKZ &quot;On the Constitutional Court of the Russian Federation&quot; and procedural law . We believe that these legal property (identifying the constitutional meaning of legal norms , the establishment of legal regulation of relations in the period before the implementation of the legal position , etc.) should be reflected in the legislation ;</div><div>3) When planning the monitoring of the implementation of the legal positions of the Constitutional Court of the Russian Federation shall have the key results of the analysis of legal statistics on the scope of constitutional and social research in various areas of society ;</div><div>4) in the existing regulations, that no detailed methodology for monitoring in the field of constitutional control. In our view, guidelines should include two types of monitoring depending on the task - a security , aimed at providing the information necessary for the implementation of the legal position , and controls aimed at obtaining information on the implementation of the legal position in the legal regulation ; monitoring entities - specialists of the Ministry of Justice , prosecutors and other supervisory agencies, the court system , organs of state power of subjects of the Russian Federation ; wider range of monitoring sites ; indicators for assessing the implementation of legal practice positions. Monitoring involves three stages: preparation , work and final.&nbsp;</div>