This paper examines regional constitutional justice in Russia as a microcosm of the struggle for the judicial branch of state power to assert its importance, in particular in relation to separation of powers. We consider the situation of republican constitutional courts and regional charter courts which have been established in some places to oversee compliance with the republican constitution or regional charter. We note that the limited number of these courts contrasts strongly with the widespread institution of the regional ombudsman (plenipotentiary for human rights). We also see that in recent years courts in some regions have encountered a pushback from the other branches of state power. The strength of the resulting defence of the courts’ legal status gives us some cause for optimism that the principles of separation of powers and rule of law are being strongly supported in some regions.
Russia is still dealing with the legacy of widespread Soviet oppression. An important Rehabilitation Law adopted in 1991 established a compensation system for victims of state repression, including a right to housing in their families' pre-exile place of residence. However, the practical realization of these rights has been problematic, particularly following amendment to the 1991 Law in 2004. There is a cohort of elderly victims who as children were exiled with their parents. Three of these unsuccessfully brought claims for their promised housing and eventually appealed to the Constitutional Court of the Russian Federation. In December 2019, the Court issued a landmark ruling supporting the claimants. Here we explain the historical context and contemporary significance of this important constitutional case.
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