International Humanitarian and Human Rights Law in Russian Courts

2011 ◽  
Vol 2 (2) ◽  
pp. 216-249
Author(s):  
Sergei Yu. Marochkin ◽  
Vladimir A. Popov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Special Role ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Judicial Practice ◽  
The Russian Federation

The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

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 On the hierarchy of normative legal acts in the legal system: experience of consular work abroad

2020 ◽  
pp. 95-105
Author(s):  
A. P. Lyubimov ◽  
A. M. Oreshenkov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Degrees Of Freedom ◽  
Clear Understanding ◽  
International Treaties ◽  
Supreme Courts ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Work Abroad

INTRODUCTION. The article analyzes the current problems of the consular service. In the practical work of officials of the consular service of the Russian Federation, periodically arise situations in which it is necessary to make decisions taking into account the hierarchy of national legal acts and norms of international law, which are an integral part of the legal system of Russia. The situation complicated by the lack of a normative document that clearly and unambiguously regulates the hierarchy of legal acts that make up this system. The present article, based on the experience of the authors' work abroad, is a comprehensive study for making possible decisions within the framework of the issue under consideration on those non-standard issues that periodically are faced by employees of consular offices.MATERIALS AND METHODS. This article is based on the analysis of the provisions of article 15 of the Russian Constitution (taking into account the recently introduced amendments to the Constitution), on the decisions of the Constitutional and Supreme courts of Russia, laws of the Russian Federation, in particular, of the Civil code of the Russian Federation and the Federal law «On international treaties of the Russian Federation», and also in comparison of the legal systems of Russia, USA and Norway in the question of the primacy of national or international law, as well on real situations that occurred during one of the author's work in the consular service of the Russian MFA. The research method is based on the General scientific method of cognition.RESEARCH RESULTS. The article leads to the conclusion that in the question of the primacy of national or international law in the domestic legal system of a state gives its legislation different degrees of freedom to the Supreme state bodies in a flexible approach to the implementation of international legal obligations within the framework of the generally recognized principle of international law «pacta sunt servanda» – «treaties must be observed». Besides, within the framework of Russian national law, there are legally established opportunities to implement the norms of subordinate normative acts in the presence of a law that regulates the same type of relations in a different way.DISCUSSIONS AND CONCLUSIONS. The article provides a regulatory framework that can be used by Russian foreign offices and the MFA in case of violation by the authorities of the host country of the norms of bilateral and multilateral treaties to which Russia and the country concerned are parties. As a conclusion, it is suggested that a clear understanding of the hierarchy of normative acts in the Russian legal system is necessary for its competent application by officials of Russian foreign offices in solving issues in the field of national legislation, as well as the use of international law by these persons in protecting the rights and interests of the Russian Federation, its legal entities and individuals.

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.

8 Generally-Recognized Principles and Norms of International Law

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
International Treaties ◽  
State Practice ◽  
Russian Constitution ◽  
Recent Addition ◽  
The Russian Federation ◽  
Russian Law

This chapter studies the generally-recognized principles and norms of international law as an integral part of the Russian legal system. Most international lawyers would "rank" them higher than mere treaties because they are more fundamental, more universal, perhaps more venerable at least in origin. Indeed, in Article 15(4) of the 1993 Russian Constitution they are enumerated ahead of international treaties of the Russian Federation. However, they become important in Russian law and State practice precisely because they are provided for in Article 15(4) and thus are a comparatively recent addition to the repertoire of rules which Russian institutions, officials, and courts must apply, as a rule in priority over Russian normative legal acts. Chronologically, therefore, they appear in the Russian legal system long after treaties.

Rethinking the relationship between international and national law at the turn

2020 ◽  
Vol 22 (1) ◽  
pp. 33-42
Author(s):  
IGOR N. BARTSITS ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Treaties ◽  
National Courts ◽  
National Legal System ◽  
The Russian Federation

The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept of counter-limits in European and national judicial practice, presented the basic principles of interaction between European and national courts (the principle of subsidiarity, the principle of proportionality, the principle of ‘sincere cooperation’, method of ‘dialogue of judges’). There is a need for an updated understanding of the term ‘constitutional sovereignty of the state’, which is based on domestic norms on fundamental rights and norms on the foundations of the constitutional system, which presupposes the inadmissibility of any foreign or international influence that violates the requirement of priority of the norms and principles of the national Constitution in the national legal system. The article substantiates the expediency of using the doctrine of counter-limits in the Russian Federation as an instrument of constitutional self-defense, ensuring constitutional sovereignty and preserving constitutional identity.

scholarly journals Inheritance Relations in Private International Law

2020 ◽  
Vol 6 (1) ◽  
pp. 283-286
Author(s):  
R. Kadzharov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Private International Law ◽  
Legal Environment ◽  
Legal Analysis ◽  
International Treaties ◽  
Judicial Practice ◽  
Foreign Countries ◽  
The Will ◽  
The Russian Federation

The article discusses the legal problems of inheritance relations in the Russian Federation and foreign countries. The relevance of the topic under study is due to the need to form a legal environment emerging in the process of inheritance of tort obligations and the form of the will in Russian and foreign laws. A legal analysis of Russian legislation and international treaties, foreign legislation and judicial practice in the field of inheritance regulation in the Russian Federation and foreign countries is carried out. Particular attention is paid to the unification of international norms in the field of testament form. The author concludes that international law on inheritance has its drawbacks and requires further adjustments.

scholarly journals On the question of extradition verification conducted by the prosecutors of territorial and specialized prosecutor's offices of the lower echelon of the prosecutorial system of the Russian Federation, and on certain flaws of the snap poll of a person on the international wanted list

2021 ◽  
pp. 51-63
Author(s):  
Maksim Mukhtarzhanovich Cherepanov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Treaties ◽  
Judicial Practice ◽  
Procedure Code ◽  
Preparatory Stage ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of

The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil  rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international  cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.

INTERNET LAW IN INTERNATIONAL PRIVATE LAW

2019 ◽  
pp. 192
Author(s):  
Margarita V. Katunina ◽  
Olga A. Verchenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Private International Law ◽  
Anglo Saxon ◽  
Judicial Practice ◽  
International Private Law ◽  
Internet Law ◽  
Conflicts Of Jurisdiction

The article examines the issues of Internet legal relations and conflicts of jurisdiction between the states when resolving disputes. The interrelation of Internet legislation and private international law is investigated. The application of Russian legislation in Russian Federation in the regulation of human rights activities is analyzed. Judicial practice of the countries of the Anglo-Saxon legal system is considered.

scholarly journals On the Formation of the National Position Regarding the Conditions for Implementing the Decisions of Interstate Bodies in the Russian Legal System

2021 ◽  
Vol 1 ◽  
pp. 10-20
Author(s):  
Andrey Alexandrovich Klishas ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Constitutional Amendments ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Key Aspects

The article examines the content of the amendments adopted to the Constitution of the Russian Federation in terms of the relationship between the provisions of international treaties and constitutional norms. Based on the use of a retrospective research method, it is noted that the position reflected in the constitutional amendments is largely the result of the activities of national authorities on the consistent implementation of the provisions of the European Convention on Human Rights into the national legal system, built on the basis of a dialogue with the bodies of the Council of Europe. Such interaction has been established and has been actively developing since the entry of the Russian Federation into this international organization. Over the past few years, this cooperation has developed in the context of the exercise by the Constitutional Court of the authority to resolve the issue of the possibility of executing the decisions of the ECHR. The key aspects of a theoretical nature that contributed to the formation of a position regarding the conditions for the implementation of decisions of interstate bodies on the protection of human rights and freedoms in the Russian legal system are studied step by step. The key importance of the aspect of conventionally constitutional conflicts of interpretation, which is reflected in the amendments to the Constitution, is noted.

Presumption of Innocence as a Principle of Administrative Offense Proceedings

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Presumption Of Innocence ◽  
Judicial Practice ◽  
European Court ◽  
The Russian Federation

The presumption of innocence is defined as one of the key principles of proceedings on the cases of administrative offenses. Using the current legislation, the legal positions of the highest courts of the Russian Federation and the European Court of Human Rights, judicial practice, the author reveals the essence of the presumption of innocence by highlighting the elements of this principle and characterizing their content.

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