CONSTITUTIONAL COURT IN PUBLIC ADMINISTRATION SYSTEM IN MOLDOVA AND RUSSIA

Purpose: The article considers the place and the role of the Constitutional Court of Moldova in the system of government. Methodology: The study was based on the dialectic approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and particular scientific methods. Result: They studied the range of issues related to its activities. They noted the problems that lead to the imbalance of authorities, including dangerous trends of constitutional court use by political groups to solve their problems and achieve political goals. They showed the positive experience of the constitutional and legal mechanism to develop a body of constitutional jurisdiction of Russia, through which they provide the stability of this state body, impartiality, and independence in decision-making, and the impossibility of turning the body of constitutional control into an object of political manipulation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional Court in Public Administration System in Moldova and Russia is presented in a comprehensive and complete manner.


INTRODUCTION
State control determines the constitutional court place and role to its main powers in the system of government, which, as a rule, are regulated by the basic law of the state. It is intended to be implemented independently through constitutional legal proceedings. The conformity assessment between the constitution and other legal norms is carried out under the conditions of public authority restriction (Makogon, et al. 2018) and the objective interaction of all its bodies ).
The modern practice of constitutionalism testifies to the unceasing attempts to use the Constitutional Court for certain task solution by political groups and for political goal achievement. The implementation mechanisms are different. They include the use of political influence on the Constitutional Court development by the appointment of its judges, the submissions to the Constitutional Court, which relate to the issues not expressly stated in the Constitution, and political pressure. The consequences of shifting away from the main constitutional principles are destructive for statehood.
The events of recent years point to this tendency of the Constitutional Court used by the political establishment of Moldova.

METHODS
The study was based on the dialectic approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and particular scientific methods. Among the private-scientific methods, they used formal legal and comparative legal methods to study the texts of constitutional norms governing the creation and the activities of the Constitutional Courts of two post-Soviet republics in order to identify the features reflecting their place and role in the system of state power. Legal comparative studies, as a fundamental basis for legal research conduct, allowed to use the comparative legal instruments to fill in the theoretical and practical gaps in the legal regulation of modern constitutionalism institutions. The methods of normative and functional comparison allowed us to single out the mechanisms laid down in the constitutional norms of the studied states, by the means of which it is possible to influence the system of government, its institutions, and the interventions in the system of checks and balances, disrupting the balance of power.

RESULTS AND ITS DISCUSSION
The study revealed that the constitutional and legal norms governing the development and the activities of the Constitutional Court in the Republic of Moldova contain the mechanisms that allow the use of this body of constitutional jurisdiction to solve the political tasks of individual political forces with representation in government bodies. The existing constitutional and legal norms in Moldova allow for intervention, the consequences of which can be the change in the government form, the management system, the imbalance of the system of checks and balances, the imbalance of Let's consider the decision adopted by the Constitutional Court on the recommendation of the Government regarding the candidacy of the Minister of Defense which was rejected twice by the President.
The Constitution of the Republic of Moldova (p. 1. 2, the Article 87 "Powers in the field of defense") determined that the President of the Republic of Moldova is the commander-in-chief of the armed forces and, with the prior consent of the Parliament, he can declare partial or general mobilization, and also can take other measures aimed at national security and public order provision, within the law and in accordance with it. Gorton, M. (2001) And this means that the appointment of the Minister of Defense, although it takes place at the suggestion of the Prime Minister, should be made by taking into account the opinion of the President, as the responsible Commander-in-Chief. The element of checks and balances laid down in the legislation of Moldova has significant drawbacks since the ambiguity of this norm is not regulated by law and the conditions for power balance achieving are not expected to be met. Gorton It should be noted that one of the most important principles of constitutional justice is aimed at the unity and consistency of the Constitutional Court decisions, which serve as a kind of guideline for constitutional norm interpretation in legislative and law enforcement practice -the presumption of the Constitutional Court legal position truth. The basis for a case consideration is the revealed uncertainty about the correspondence of a normative act or a contract complies with the Constitution. The term "uncertainty" in this case means the applicant's conviction that the legal provisions of the Constitution do not conform with legal regulations disputed by him. The basis for a case consideration is the contradiction between the applicant's position on the issue of constitutional norm content and the position of the highest bodies of state power. Gorton, M. (2001) The reason for the consideration of some case in the Constitutional Court may be the contradiction in the positions of the parties regarding the ownership of powers in the disputes about competence. In this case, we see the application of the article (3) "The impossibility for the President of the Republic of Moldova to fulfill his duties during more than 60 days is confirmed by the Constitutional Court within 30 days after the claim receipt". But the reason for the impossibility of duty performance by the President has not been established by the court.
Thus, the separate opinion of individuals who have the right to express it in relation to the state power norm, mechanism and procedure execution levels all democratic procedures in the state, replacing the popularly elected President with a separate person with the right to administer but with the mandate from the people. What is the responsibility of such a person for a signed management decision? What is the responsibility of officials -the judges of the Constitutional Court for the decision made, expressed in the form of the Opinion? They do not bear any personal or collegial responsibility for the citizens of Moldova. The legitimate President, who is accountable to the voters, acts as the Guarantor of their rights and freedoms. And he is removed from office during the implementation of the legislative act signature. Tudoroiu, T. (2015) The modern practice of constitutionalism testifies about the unceasing attempts to use the Constitutional Court to solve certain tasks by political groups and achieve political goals. They apply different implementation mechanisms, among which is the use of political influence on the Constitutional Court development by the appointment of its judges, the submitting of submissions to the Constitutional Court, which relate to the issues not expressly stated in the Constitution, and the exerting of political pressure. The consequences of departing from the main constitutional principles are destructive for statehood. Gorton, M. (2001) The constitutional and legal mechanisms through which the Constitutional Court of Russia is formed, namely, the indefinite appointment of RF Constitutional Court judges by the Federation Council on the proposal of the President of Russia (the age limit for being a judge of the Constitutional Court of Russia makes 70 years, Chairman of the Court -76 years), -allow to draw the conclusion about the sustainability of this state power institution and its independence from political processes. Quinlan, P. D. (2004) The definite term of the Constitutional Court of Moldova judge office makes the judges dependent on the nominee, does not imply objectivity and impartiality, and does not exclude influence on their decision-making by the groups of organized interests and political pressure. Tudoroiu, T. (2015) The Constitutional Court of Moldova consists of 6 judges, whose term of office is 6 years, without the right to re-occupy this position. Nominations are submitted by the President, the Parliament and the Superior Council of Magistracy -2 people each. The constitution defines the age limit for a judge of the Constitutional Court of Moldova (65 years) and their professional experience should be 15 years. There is no indication of the minimum possible age for such an appointment. Gorton, M. (2001)

CONCLUSION
The place of the Constitutional Court in the system of power function separation and its role in power function separation implementation and, in particular, such its structural element as constitutional jurisdiction, show that there is a real danger in the studied states that under certain conditions it cannot be the state institution that protects real democracy and the rule of law. There are no real constitutional barriers to political influence on it. Crowther, W., & Josanu, Y. (2004) As practice has shown, it is possible to carry out any transformations, including unconstitutional ones, but it is impossible to restore the mono subjectivity of the supreme power in the country. Abuse of influence on the Higher body of constitutional jurisdiction, which is the Constitutional Court, leads to irreparable consequences for the state and society. This requires understanding and adoption of a consolidated decision by the political elites on the inadmissibility to interfere in the Constitutional Court activities and to exert political pressure on its decisions. Gorton, M. (2001)