Juriy L. Shulzhenko
Institute of State and Law, Russian Academy of Sciences, Moscow, Russia, firstname.lastname@example.org, https://orcid.org/0000-0002-3106-2840
Abstract. The article is devoted to the analysis of the reform of constitutional review in the Soviet Union during Perestroika (1985—1991). It is one of the few that shows a positive result and receives its further application and development. The analysis of this reform, the identification of its main stages, the display of their characteristic features, specifics are of great theoretical and practical importance.
First of all, three main scientific research methods used are: dogmatic, historical-legal, comparativelegal methods.
The reform under consideration is characterized by two main points: the search for an optimal model of the system of constitutional control bodies; the course towards the creation of a specialized body in this area. The reform has a multi-stage character. The reform had a multi-stage character. At the first stage (December 1988 — the end of 1989), the functions of constitutional control at the level of the center were vested with the Congress of People’s Deputies of the USSR, the Supreme Soviet of the USSR, and the Presidium of the Supreme Soviet of the USSR. The Constitutional Supervision Committee of the USSR became the body of constitutional supervision. At the second stage (late 1989 — March 1990) the Committee of Constitutional Supervision was endowed with control functions and became a supervisory and control body. On the third stage (March-December 1990) the Presidium of the Supreme Soviet of the USSR lost its powers of constitutional control. On the fourth stage (December 1990 — the end of 1991) the powers of constitutional control were granted to the President of the USSR. Thus, at the level of the center at the end of the existence of the USSR, a four-tier system of bodies operated in this area: the Congress of People’s Deputies of the USSR, the Supreme Soviet of the USSR, the President of the USSR, and the Committee for Constitutional Supervision of the USSR. At the end of August 1991, it was supposed to sign the Treaty on the Union of Sovereign States, in which the main role in constitutional review was assigned to a new body — the Constitutional Court. The process of forming a system of constitutional review bodies at the level of the Union and autonomous republics began, where a course was taken to create a specialized body in this area — the constitutional (statutory) court. In the future, this approach was implemented in the Russian Federation.
Keywords: Constitutional Supervision Committee, Constitutional Court, constitutional control, constitutional supervision, constitution, Parliament, perestroika, President of the USSR, legal act
For citation. Shulzhenko J. L. Reform of Constitutional Review in the Soviet Union during the Perestroika (1985—1991). Journal of Russian Law, 2022, vol. 26, no. 7, pp. 19—31. (In Russ.) DOI: 10.12737/jrl.2022.070
Full text in Russian