Никитина А.В

In the disputes resolved by the courts of law and the arbi-tration courts, the prosecutor over the general rule, speaks out in defense of public interests whereas in the constitutional and legal disputes resolved by the Constitutional Court of the Russian Federation, opposite works for the benefit of specific citizens and their associations, protecting their violated constitutional rights and freedoms that, according to the author of this article, not quite answers his mission and the purpose enshrined in the Fed-eral law "About Prosecutor's Office of the Russian Federation". The European commission for democracy through law (Venice commission) doesn't support the legislation of those countries which grant to the prosecutor's office the right to protect someone's personal interests in the constitutional court, empha-sizing that the Attorney-General can easily appear in a situation when personal and public interests are in a conflict. Proceeding from the international acts and foreign experience the sugges-tions for improvement of the Russian legislation regulating the status of the prosecutor as the parties of a constitutional and le-gal dispute are formulated in the article.

The constitutional conflict is considered in this article as a kind of social conflict, a form of interaction of the subjects of constitutional relations. On the basis of the offered signs the author determines the constitutional conflict as the collision (antagonism, counteraction) of the subjects of constitutional relations concerning the constitutional (main) rights and personal freedoms, the public (state) power, areas of jurisdiction of the Russian Federation, subjects of the Russian Federation or the subjects of their joint jurisdiction, questions of the local value, powers of the public authorities or the local government, the territory of public institutions posing a threat to the fundamental constitutional values, norms and principles having the constitutional value (or breaking them) and mediated by the norms of constitutional right.

In this article approaches to the determination of legal conflict that allows the author formulate the concept and signs of constitutional and legal dispute are analyzed. The author gives determination to the constitutional-legal dispute as a kind of legal conflict, arisen in the constitutional and legal sphere in connection with the creation, realization, application, change or interpretation of the constitutional-legal norms. Such dispute represents an antagonism of the sides – the subjects of constitutional right – with the opposite interests which comes to the end (or has opportunity to come to the end) by the means of constitutional procedures. The legal form of existence of the constitutional-legal disputes is the constitutional-legal relations.