Ulturgashev Pavel Yurievich

Changes to regulations on dissenting opinions of judges of the Constitutional Court of the Russian Federation provoked a vivid discussion among the Russian legal professionals. It appears that arguments in this discussion are closely connected to approval or disapproval of constitutional judges’ dissenting opinions as such. The present paper attempts to discuss the legislative amendments regulating dissenting opinions of judges of the Constitutional Court from another perspective, namely through a comparative study of regulating of this sphere in dynamics, in Russia and abroad. For the aims of the study it is proposed to examine normative regulations on the right to dissenting opinion from “material” (right to dissenting opinion) and “procedural” (right to publish a dissenting opinion) aspects. The comparative analysis allowed identifying similarities and unique elements of the current legislation with that in foreign countries. Establishing requirements for contents of a judge’s dissenting opinion or to the form (style) of its expression can be regarded as relatively common. Yet, the situation where public expression of a dissenting opinion of a judge of a constitutional supervisory body is impossible while judges of general courts encounter no such limitation, is rather unique.