On the Criteria of Admissibility and Limits of Review in Constitutional Proceedings Based on a Complaint

Marina L. Belykh –1 Ural State Law University named after V.F. Yakovlev (Yekaterinburg, Russia), Evgeniya V. Gerasimova –Immanuel Kant Baltic Federal University (Kaliningrad, Russia).
Year: 2026
UDK: 342.565.2
Pages: 81–92
Language: russian
Section: LAW
Keywords: Constitutional Court of the Russian Federation, criteria for admissibility of an appeal, limits of review, constitutional proceedings, complaint
Abstract
The examination of the institution of constitutional complaint studies the criteria for the admissibility of an appeal and the limits of its review by a constitutional justice body within the framework of constitutional proceedings. Issues of the admissibility of an appeal are directly linked to the accessibility of the Constitutional Court of the Russian Federation as an effective means of protecting human and civil rights and freedoms, which makes this topic relevant. The authors analyze both new criteria introduced into legislation following the 2020 constitutional reform, such as the exhaustion of domestic judicial remedies and the practical aspects of satisfying this requirement, and the legal regulation of other criteria. The article substantiates the conclusions regarding the preferential consideration of citizens’ appeals in written proceedings, while in recent years a number of high-profile cases raising systemic constitutional and legal issues have been considered by the Constitutional Court of the Russian Federation in oral hearings. The article also analyzes the emerging trend of constitutional justice bodies resorting to compensatory mechanisms to restore citizens’ rights when issuing rulings and the implementation of such a remedy in the practice of courts of general jurisdiction.
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