The paper analyzes legal remedies for violation of constitutional rights, including court orders to legislature in constitutional adjudication. Based on the approaches to reparation in international human rights law, as well as the developments of administrative and civil law to the remedies for protection of legal rights, the author suggests that, in this regards in constitutional adjudication should use primarily court orders to the legislator. The thesis is substantiated that the existence of the phenomenon of such orders arises from the difficulties of interaction between constitutional courts the legislator in the field of guaranteeing constitutional rights. The paper analyzes in detail certain types of orders of the constitutional court to the legislator in connection with the violation of constitutional rights, including amendments to the statute or its separate provision, reversal of unconstitutional statute or its separate provisions, refraining from illegal activities, as well as orders to the lawmaker on the deadline of the restoration of such rights.

Translated title of the contributionLEGAL PROTECTION MEANS IN CASES OF VIOLATION OF CONSTITUTIONAL RIGHTS AND CONSTITUTIONAL AND JUDICIAL RECOMMENDATIONS TO THE LEGISLATOR
Original languageRussian
Pages (from-to)65–72
JournalКОНСТИТУЦИОННОЕ И МУНИЦИПАЛЬНОЕ ПРАВО
Issue number3
StatePublished - 2019

    Scopus subject areas

  • Law

ID: 42997178