Decision by the Constitutional Court of the Russian Federation regarding the ratification of the European Convention on Human Rights Cover Image

Hotararea Curtii Constitutionale a Federatiei Ruse cu privire la ratificarea Conventiei europene pentru apararea drepturilor omului
Decision by the Constitutional Court of the Russian Federation regarding the ratification of the European Convention on Human Rights

Contributor(s): Teodor Papuc (Translator)
Subject(s): Politics / Political Sciences, Philosophy, Social Sciences, Law, Constitution, Jurisprudence
Published by: Centrul de Studii Internationale
Keywords: The Constitutional Court of the Russian Federation; European Convention on Human Rights; ratification; Constitution of the Russian Federation

Summary/Abstract: The Constitutional Court of the Russian Federation decided:1. Recognize the combined provisions of art. 1 of the Federal Law on ratification of the Convention and the Protocols thereto, art. 32 of the Federal law on international treaties to which Russia is a party, art. 392 C.proc.civ. the Russian Federation, art. 311 of the Code of the Russian Federation arbitration proceedings, art. 350 of the Code on Administrative Offences, art. 413 Criminal Procedure Code. the Russian Federation as compliant with the Constitution of the Russian Federation, as the basis of these provisions in their legal constitutional sense of the current system of legal regulation: Ensure implementation of the Convention as a multilateral international treaty to which Russia is a signatory, as part of its system of law, and enforcement of judgments delivered under the Convention by the European Court, in its capacity as an international judicial alternative in specific cases when they exhausted all domestic remedies established at the constitutional level.This does not preclude the competent federal legislator - arising from the provisions of the Constitution of the Russian Federation and given positions of the Constitutional Court of the Russian Federation expressed in this judgment - to provide a special legal mechanism to counter not blame the legal nature of the Constitutional Court of the Federation Russia and its role of judicial organ supreme constitutional control, solving problems on the possibility or impossibility of execution, of the principles of primacy and supreme legal force of the Constitution of the Russian Federation, the decisions passed at the request of the European Court against Russia, including in measures relating to the general.

  • Issue Year: 12/2016
  • Issue No: 1
  • Page Range: 95-118
  • Page Count: 24
  • Language: Romanian