Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

Problems of the Russian Legislstion Improvement and Practice of its Applicatoin Based on the Decisions of the European Court of Human Rights (in the Spfere of the Administrative Coersion)

The article is devoted to the issues of the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and decisions of the European Court of Human Rights into the Russian legal system. The sphere of administrative coercion and administrative liability was chosen as a practical material for this research. The authors stress the role and importance of the ECHR practice for the improvement of Russian legislation, outline problems and difficulties of the implementation of the ECHR judgments in this sphere.

Russia — Strasbourg: 25 Years Later

The article summarizes the first results of interaction between Russia and the Council of Europe for 25 years and gives an assessment of their historical significance for the legal development of the country. The author convincingly shows that the Constitutional Court is a guide for the approaches of the Council of Europe bodies to human rights. It is especially noted that the legal positions of the European Court are based on the values generally accepted and shared in the countries of the Council of Europe, to the understanding of which the Russian Federation also contributes. The role of the transparent, predictable model for resolving legal conflicts that may arise between the norms of the Constitution and the interpretation of international agreements given by the body of supranational justice, enshrined in the new version of the Constitution, is separately emphasized.

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

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.