Giant of the Constitution – Newspaper Kommersant No. 231 (7432) dated 12/13/2022

On the occasion of Constitution Day on December 12, Russian President Vladimir Putin met with Chairman of the Constitutional Court Valery Zorkin and encouraged him to continue his work, Kommersant’s special correspondent believes Andrei Kolesnikov.

Vladimir Putin listened to Valery Zorkin at the 10th All-Russian Congress of Judges a few days ago, very carefully. This man, who represents the old school and swore allegiance to the new one, is certainly sympathetic to Vladimir Putin.

And it’s just interesting what he will say: in the end, Valery Zorkin is one of the few in his business who has something to say. Plus, he is a lawyer, and this is a separate issue for Mr. Putin. Surely he even learned something and somehow from materials inspired, if not by the works, then by the words (or even thoughts) of Valery Zorkin, with which, as it turns out, one must be as careful as possible these days.

In addition, Valery Zorkin began to burn with his enthusiasm during the time of Boris Yeltsin, and this period of modern history interests Vladimir Putin, it seems, even no less than the Azov period of Peter I: they missed too much of what should, as it turned out, be sure to catch up.

And now, besides, Valery Zorkin is perhaps the only person who has remained in power (albeit in the third, and in the way it is) just from those times, that is, it seems, from Peter the Great, not Borisov. And it seemed that after Anatoly Chubais and Alexei Kudrin there was no one to talk to. Or just seemed.

One way or another, a meeting with Valery Zorkin for Vladimir Putin, if not a holiday, then relaxation.

And not just this endless series of these endless governors.

“What is surprising, Vladimir Vladimirovich,” Valery Zorkin told the president, “we have had a significant change after the amendments to the Constitution and the federal constitutional law! They made it so that one can apply to the Constitutional Court only when a citizen has gone through all the instances, that is, the Supreme Court. It used to be… somehow it was possible, even without the Supreme Court. It seems to me that this is the best option, because a citizen receives protection in ordinary instances. So I want to say that the number of complaints has not decreased, despite the fact that, it would seem, everyone said that access is difficult.

However, it’s nothing strange that with difficult access, the number of complaints only increases.

“Yes, yes,” agreed Vladimir Putin, for whom any confirmation of his rightness in the matter of changing the Constitution is a good sign, if not an invaluable gesture.

“From this point of view, we are satisfied, there is work,” Valery Zorkin confirmed once again.

“And over 50 cases have been considered,” Mr. Putin specified.

“These decrees are serious decisions when the fate of the law is practically determined: that is, we either withdraw it from the current legal system, that is, we recognize this provision as unconstitutional, or we give such an interpretation that makes it impossible to apply it in the former sense,” confirmed his grandiose in fact the powers of Valery Zorkin, God bless him.

And then how you imagine other people in their places … It’s not clear how it will be and how to be. And so at least everything is very clear.

“Thus,” Valery Zorkin continued, “a citizen who, it seems, applies in his own interest in his personal case, actually decides the fate of thousands, if not hundreds of thousands of cases of the same kind that were resolved before.

“According to the precedent, it turns out,” Vladimir Putin took the trouble to reveal his knowledge.

– It turns out that he received a bonus, and then everyone else in the future, too … – meanwhile, Valery Zorkin was still deciphering.

– In the same situations … – supported, if not urged (no, not urged) Vladimir Putin.

“And from this point of view, of course, the Constitutional Court is, as it were, a unique tool within the judicial system,” Mr. Zorkin decided.

– Most appeals for what cases, for what cases? the President asked.

– A lot of social programs, – Valery Zorkin honestly admitted, – a lot of rights related to the protection, when criminal or administrative punishments are imposed. Surprisingly, bankruptcy law…

He meant, apparently, that it raises questions. True, it is not very clear what is surprising here.

“We even wrote a special review for the legislator, for the government, because, of course, there are inconsistencies there,” Mr. Zorkin himself agreed in the end that there was nothing surprising, because there were inconsistencies.

He had more ideas:

But why did I say this as an example? It would even be difficult for me to name topics that did not fall into the field of view of the Constitutional Court! These include labor rights, pensions, criminal penalties, and administrative fines. We do not sit idle! Although I do not want to say that we cannot straighten our back!

And Valery Zorkin smiled so guiltily and even brightly that he wanted to help him in some way. By the way, it is very good that he can still straighten his back.

And it is important that no, no, he did not overestimate not only his capabilities, but also his deeds.

“Of course, we understand that, perhaps, in lower instances, in other courts – in district or when a justice of the peace – it’s not easier for them,” he made a reservation. “I know, for example, there tables are littered with papers and so on.

– You have a different specificity of work, – the president helped him. – Those decisions that you mentioned, more than 50 resolutions, are important for a large circle of people.

“Yes,” Valery Zorkin did not deny and handed the president a book that seemed to be wider in the spine than diagonally. By the 12th (every year.— A.K.) The Constitutional Court is making a “brick”!..

It was a collection of decisions of the Constitutional Court. The Russian president immediately began flipping through it, and immediately from the end, apparently from the table of contents. Well, of course, it makes more sense.

“But these are not all our decisions,” Valery Zorkin warned, “because you yourself said how many (not all even 50.— A.K.)… But the fact is that the most significant decisions are collected here, which just determine the fate of the laws. Either they recognize them as unconstitutional, or they give an interpretation that guides practice. There are signatures of all our judges.

If anything, the responsibility is collective. Also clear. The judges still know better than many how to cut off the deadline if something happens. Especially for yourself.

“I see,” Mr. Putin nodded, filling up the “brick” almost to the beginning.

“The very best wishes to you… As the guarantor of the Constitution…” Valery Zorkin did not finish right away. “First of all…

No, not as a person. Yes, as a guarantee.

That is, he wished health, of course, for selfish purposes.