scholarly journals Recent Case Law of the European Court of Human Rights: an Overview

2007 ◽  
Vol 35 (2) ◽  
pp. 262-277 ◽  
Author(s):  
Valeriy A. Musin
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Case Law ◽  
European Countries ◽  
International Treaties ◽  
Council Of Europe ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

In 2006 the Russian Federation was chair of the Committee of Ministers of the Council of Europe. Our motto was: “Towards united Europe without dividing lines.” In order to make European countries closer to each other it is very important to insure unified interpretation and application of norms contained in international treaties. Such harmony between countries requires us to first consider the terms in the Convention for the Protection of Human Rights and Fundamental Freedoms.

7 International Treaties in Russian Judicial and Arbitral Practice

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Russian Constitution ◽  
The Russian Federation

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.

scholarly journals Supervision of the execution of The European Court of Human Rights’ case law

2021 ◽  
pp. 33-36
Author(s):  
Corina Siman ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
The Political ◽  
Council Of Europe ◽  
European Court ◽  
Fundamental Freedoms ◽  
European System ◽  
Protection Of Human Rights ◽  
Executive Body

The Convention for the Protection of Human Rights and Fundamental Freedoms empowers the decision-making and executive body of the Council of Europe, id est the Committee of Ministers, to supervise the execution of the European Court of Human Rights’ case law. The mechanism thus established possesses a certain specificity, which is inherent to the European system of protection of fundamental rights. Therefore, both the political nature of the Committee of Ministers and the elements that form the process of monitoring the implementation of the content of the Strasbourg Court’s judgments and decisions are of interest.

scholarly journals The Problem of Execution of ECHR Judgments within the Framework of the Novelties of the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 3-7
Author(s):  
Tatyana M. Alekseeva ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
International Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Effective Remedy

This article is about the problem of execution international courts decisions in connection with the changes that were contributed to the Constitution of the Russian Federation in 2020. The author believes that the review cases in view of new circumstances in connection with the violations were established by the European Court of Human Rights of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 provisions may be significantly limited. The article states that an appeal to the European Court of Human Rights and the obligation its decisions in relation to the violating country cease to be an effective remedy.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

scholarly journals Enforceability of ECtHR Judgements in Russia: Alternatives of Interaction Between Jurisdictions

2018 ◽  
Vol 50 ◽  
pp. 01192
Author(s):  
Ivan Usenkov ◽  
Igor Morozov
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Law ◽  
European Convention ◽  
Constitutional Court ◽  
Legal Analysis ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

Issues of enforceability of the European Court of Human Rights judgements in Russia are considered in the article. The authors infer the priority of the model, in which judgements can be unimplemented if they are contrary to the constitutional law of the country in accordance with comparative legal analysis. However, the state is ought to make everything possible in order to enforce the decision, even interpret the Constitution, if possible. The authors conclude that issues of correlation of sovereignty and regional consensus, subsidiarity principles and supranationality, interpretation of the European Convention for the Protection of Human Rights and fundamental freedoms have not obtained a response. The European Court of Human Rights should be more thorough with the aspects of the national legal systems, but rejection of the execution of its judgements is unacceptable. Relevant provisions are to be excluded from the FCL from 21.07.1994 N 1-FCL «The Constitutional Court of the Russian Federation».

scholarly journals Russia`s Participation in the European Convention for the Protection of Human Rights and Fundamental Freedoms

2021 ◽  
pp. 46-56
Author(s):  
A. Y. Novoseltsev ◽  
K. V. Stepanyugin
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
International Organizations ◽  
Point Of View ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

INTRODUCTION. The article examines problematic issues of Russia’s participation in the European Convention for the Protection of Human Rights and Fundamental Freedoms. According to the authors, the form of Russia’s participation in the Convention, associated with membership in the council of Europe, is unacceptable for its sovereignty. When ratifying the Convention, the degree of objectivity and impartiality of the ECHR in relation to the Russian Federation and the properties of the legal norms of the Convention were not taken into account.MATERIALS AND METHODS. The materials for the research are international agreements, resolutions of international organizations, decisions of the ECHR and the Constitutional Court of the Russian Federa- tion, as well as doctrinal sources on the topic. The methodological basis of the article was formed by general scientific and special research methods. The article critically analyzes the arguments in favor of Russia’s participation in the European Convention and examines the reasons why the ECHR can hardly be called an objective court for a country that is not a member of the EU.RESEARCH RESULTS. The authors believe that the unenforceability of ECHR judgements is only part of the problem of enforcing binding decisions of international organizations. According to the authors, it is necessary to determine the fundamental foundations of Russia’s participation in international organizations that can make decisions legally binding for our country, and to limit their circle to the participants of the integration association with Russia, organizations of strategic partners, as well as organizations in which Russia can influence the adoption decisions. The principles of Russia’s participation in international organizations that make legally binding decisions should be included in the Federal Law “On International Treaties of the Russian Federation”.DISCUSSION AND CONCLUSIONS. The subordination of Russia to the jurisdiction of an interstate human rights body must meet a number of conditions that the ECHR does not meet. Because of this, problems arise with the implementation by Russia of the decisions of the ECHR. The authors share the point of view that the ECHR is an effective mechanism for the protection of rights and freedoms, but only for a group of states – European integration participants bound by common interests, values, and coordinated foreign and domestic policies. Therefore Russia needs to return to the rules of cooperation in the field of human rights with European states, set out in the Helsinki Final Act on Security and Cooperation in Europe.

scholarly journals SOME PROBLEMS OF THE RIGHT TO FAIR TRIAL IN THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

2020 ◽  
Author(s):  
E. Rozhina ◽  
T. Reshetneva
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Public Law ◽  
The Body ◽  
European Convention ◽  
Council Of Europe ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is applicable to any dispute between people in the field of civil law, however, the supervisory bodies of the Council of Europe had to resolve many complex issues arising from the application of this article in the field of public law, when any disciplinary the body was empowered by law to take actions affecting the rights or interests of individuals. To a large extent, the Court's case-law is developed in just such cases.

scholarly journals The Reopening of Proceedings After the Judgment of the ECtHR in Cases Against Lithuania

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 27-49
Author(s):  
Nika Bruskina
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Administrative Courts ◽  
Administrative Proceedings

The author of this article examines the case law of the Lithuanian courts of general jurisdiction and administrative courts related to the reopening of domestic criminal, civil, or administrative proceedings when the European Court of Human Rights (hereinafter – the ECtHR or the Court) finds a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and/or Protocols in the cases against Lithuania.

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