The nature and purpose of constitutional control in lawmaking
In the given article the urgency and the practical importance of the question on the legal nature of decisions of bodies of constitutional control (supervision) that has long been discussed in the legal world internationally is considered. The dispute on whether the bodies of constitutional control (supervision) create norms of law or they only reveal them, proclaim or enforce them, in other words, whether their lawmaking is legitimate or not. The given problem has interconnected doctrinal, legislative and practical aspects. The investigated problem acted as the object of studying by a number of domestic and foreign authors. In the Russian legal doctrine there is no common opinion on the problem. There exist various, including opposite, points of view concerning the legal nature of acts of constitutional jurisdiction and we cannot assert that any of them dominate in the doctrine completely now. It is possible to ascertain active development of discussion among scientists and lawyers-experts on lawmaking roles of the Constitutional Court as an element of a wider debatable problem: whether judiciary practice is the source of law. At the same time there is a reason in the statement that it is not absolutely correct to consider decisions of the Constitutional Court as judicial precedents proper, i.e. as decisions on a concrete case, which serves as a sample to inferior courts. The point is in the obligatory 242 force of decisions of the Constitutional Court, i.e. all the state and other bodies, and not just direct addressees, must execute these decisions. The Constitutional Court decisions of standard-case character should be understood as obligatory not only for the parties of the considered case, but also for all the bodies of public power and other subjects of law. The validity of decisions extends not only on the act, which was the subject of control, but also on all others similar in content. These decisions cannot be classified to any existing sources of law, they simultaneously incorporate diverse features thus getting new quality and becoming an independent source of law