The applicability decision of the ECHR in legal proceedings

2015 ◽  
Vol 3 (5) ◽  
pp. 211-218
Author(s):  
Полина Виноградова ◽  
Polina Vinogradova
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Legal Proceedings ◽  
European Court ◽  
Federal Constitutional ◽  
Legal Position ◽  
The Russian Federation

In modern conditions, changing approaches to the implementation of international law there is both the need and opportunity. The article considers some issues of the relation of national and international law. The legal position about resolution of conflicts of constitutional and conventional interpretations are based on the decision of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Rights. Since 2014 there is a new version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which establishes opportunity to apply to the Constitutional Court against the decision of the ECHR. This provision contains an important mechanism for harmonization the constitutional and conventional interpretation.

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 “OBJEKTFORMEL” – EVENTUAL ACTS OF DAMAGE TO HUMAN DIGNITY

2014 ◽  
Vol 8 (4) ◽  
pp. 19-26
Author(s):  
Izabela Bratiloveanu
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Constitutional Law ◽  
Categorical Imperative ◽  
Constitutional Court ◽  
European Court ◽  
Federal Constitutional ◽  
German Constitutional Law ◽  
First Time

 The Object formula („Objecktformel”) has been designed and developed in the mid century XX by Günter Dürig, starting from the second formula of Kant's categorical imperative. The Federal Constitutional Court of Germany took the formula and applied it for the first time in the case of the telephone conversations of December 15, 1970. The Object formula („Objecktformel”) was taken from the German constitutional law and applied in the jurisprudence of the European Court of Human Rights.

RESTRICTIONS ON RIGHTS AND FREEDOMS OF A MAN AND A CITIZEN IN THE RUSSIAN FEDERATION AS A MEANS OF DEFENSE OF CONSTITUTIONAL ORDER

2015 ◽  
Vol 10 (6) ◽  
pp. 169-174
Author(s):  
Болотин ◽  
Vladimir Bolotin ◽  
Паньков ◽  
Sergey Pankov
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Order ◽  
Legal Instrument ◽  
European Court ◽  
The Russian Federation ◽  
Constitutional System

In the article the need of reasonable restriction of human rights and freedoms in modern conditions of increase of various threats for the constitutional system of Russia is shown; the results of modern research in this area, as well as the position of the European Court of Human Rights, the Constitutional Court of Russia, Supreme Court of the Russian Federation are revealed. Defined The system of restrictions, acting legal instrument for the protection of the constitutional order, the conditions and criteria for the limitation of rights and freedoms .

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

scholarly journals Realization of the Rights of Convicts in the Russian Constitutional-Legal Model of Free Elections

2019 ◽  
Vol 13 (6) ◽  
pp. 932-940
Author(s):  
Svetlana Slobodchikova
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
Constitutional Court ◽  
Criminal Punishment ◽  
European Court ◽  
Legal Model ◽  
Legal Position ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Court Practice

The author studies retrospective and modern categories of admissible limitations of the constitutional right of a person to elect others and to be elected for appointment into bodies of public authority and public offices if they have committed grave or very grave crimes. The author also gives a contemporary assessment of the normative introduction of such limitations in the election field taking into account the legal positions in international and Russian court practice. It is argued that the current Russian constitutional-legal model of free elections has an undifferentiated limitation of active suffrage for persons sentenced to a criminal punishment with a limitation of freedom. The author analyzes the court practice regarding the lawfulness and adequacy of undifferentiating limitation of suffrage rights of convicts, specifically, the legal position of the European Court of Human Rights and the Constitutional Court of the Russian Federation. It is shown that some regimes of incarceration should be transferred into alternative types of punishment that do not entail the limitations of active suffrage. It is stated that there could be more stringent limitation for the realization of passive suffrage than for realization of the constitutional right to elect representatives into bodies of public authority and public offices, especially in cases of grave and very grave crimes. The author concludes that the limitations imposed by the federal legislation regarding the constitutional right to suffrage for persons guilty of grave or very grave crimes is admissible, no matter if the criminal punishment for such publically dangerous and illegal actions is conditional or it is an actual imprisonment in a penitentiary institution.

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