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The Legal Positions of the Constitutional Court of the Russian Federation on the Execution of Decisions Made by the European Court of Human Rights

https://doi.org/10.17589/2309-8678-2021-9-1-138-164

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Abstract

Amendments to the Russian Constitution take effect on 4 July2020. In Chapter 3, "Federal Structure," of the Constitution of the Russian Federation there is a provision for a set of amendments specifying the status of constitutional law in the Russian Federation regarding domestic and international/interstate relations as well as relating to questions of Russian national/state identity and guarantees of its preservation and protection. On 15 January 2020 in the Presidential Address to the Federal Assembly a number of constitutional amendments were proposed for discussion, including the introduction of certain changes to the Constitution of the Russian Federation. These changes will be guaranteed priority in Russia's legal framework. President Vladimir Putin noted that, "requirements of international law and treaties as well as decisions of international bodies can be valid on Russian territory only to the point that they do not restrict the rights and freedoms of our people and citizens and do not contradict our Constitution"" The topicality of considering the relationship between national and international court jurisdictions is predetermined by the fact that Russia has ratified Protocol No. 15. On 1 May 2017 a federal law-ratifying protocol establishing a subsidiary role of the European Court of Human Rights was signed. Such a role, in addition to the national mechanism of the judicial protection of human rights, is necessary to implement judicial protection, primarily in Russian courts including the Supreme Court (which is the highest court for civil, economic, criminal and administrative cases and which also protects human rights and freedoms by considering cassation and supervisory complaints against final and binding court rulings) and the Constitutional Court (which, as the highest court body of constitutional control, considers cases of citizens' complaints about the violation of constitutional rights and freedoms by a law applied by state bodies). At the current level of legal development, there are both a necessity and practical possibility of altering approaches to the implementation of international rules. This paper considers the correlation of national and international law. On the basis of decisions of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Righ ts, legal views are given on the applicability of international rules by Russian courts, including their interpretation by international court institutions. The revised version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which makes it possible to apply to the Constitutional Court contrary to an official ECHR decision, has been in effect since 2014.

About the Authors

Polina Vinogradova
Institute of State and Law of the Russian Academy of Sciences
Russian Federation

Doctor of Juridical Science (S.J.D.) Student

10 Znamenka St., Moscow, 119019, Russia



Andrey Tulaev
Saint Petersburg University of State Fire Service of EMERCOM of Russia
Russian Federation

Associate Professor

149 Moskovskiy Av., Saint Petersburg, 196105, Russia



References

1. Brownlie i. Principles of Public International Law (7th ed. 2008).

2. Sweet A.S. Governing With Judges: Constitutional Politics in Europe (2000). https://doi.org/10.1093/0198297718.001.0001

3. Vaypan G. Acquiescence Affirmed, its Limits Left Undefined: The Markin Judgment and the Pragmatism of the Russian Constitutional Court vis-a-vis the European Court of Human Rights, 2(3) Russian L.J. 130 (2014). https://doi.org/10.17589/2309-8678-2014-2-3-130-140


For citation:


Vinogradova P., Tulaev A. The Legal Positions of the Constitutional Court of the Russian Federation on the Execution of Decisions Made by the European Court of Human Rights. Russian Law Journal. 2021;9(1):138-164. https://doi.org/10.17589/2309-8678-2021-9-1-138-164

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)