Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 N 8')
The provision on the highest legal force and the direct effect of the Constitution enshrined in the Constitution of the Russian Federation means that all constitutional norms have supremacy over laws and bylaws, by virtue of which the courts should be guided by the Constitution of the Russian Federation.
For the purpose of uniform application by courts of constitutional norms in the administration of justice, the Plenary Session of the Supreme Court of the Russian Federation decides to provide the following clarifications:
1. In accordance with Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are ensured by justice.
Given this constitutional provision, as well as the provision of Part 1 of Art. 46 of the Constitution of the Russian Federation, which guarantees everyone the right to judicial protection of his rights and freedoms, the courts are obliged to ensure adequate protection of the rights and freedoms of a person and citizen through timely and correct consideration of cases.
2. According to Part 1 of Art. 15 of the Constitution of the Russian Federation, the Constitution has the highest legal force, direct effect and applies throughout the territory of the Russian Federation. In accordance with this constitutional provision, the courts in the consideration of cases should assess the content of the law or other regulatory legal act regulating the legal relations considered by the court, and in all necessary cases apply the Constitution of the Russian Federation as an act of direct action.
The court, resolving the case, directly applies the Constitution, in particular:
a) when the provisions stipulated by the norm of the Constitution, based on its meaning, do not require additional regulation and do not indicate the possibility of its application, subject to the adoption of a federal law regulating the rights, freedoms, duties of a person and citizen and other provisions;
b) when the court comes to the conclusion that the federal law in force on the territory of the Russian Federation before the Constitution of the Russian Federation came into force, contradicts it;
c) when the court comes to the conclusion that the federal law adopted after the entry into force of the Constitution of the Russian Federation is in conflict with the relevant provisions of the Constitution;
d) when a law or other regulatory legal act adopted by a constituent entity of the Russian Federation on matters of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation is contrary to the Constitution of the Russian Federation, and there is no federal law regulating the legal relations considered by the court.