Journal of Siberian Federal University. Humanities & Social Sciences: Decisions of International Courts in the System of Sources of Law (Using the Example of the Acts of the European Court of Human Rights)

Journal of Siberian Federal University. Humanities & Social Sciences / Decisions of International Courts in the System of Sources of Law (Using the Example of the Acts of the European Court of Human Rights)

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2023 16 (5)
Authors: Dolinskaya, Vladimira V.; Slesarev, Vladimir L.
Contact information: Dolinskaya, Vladimira V.: Kutafin Moscow State Law University (MSAL) Moscow, Russian Federation; civil-VVD@yandex.ru; ORCID: 0000-0002-6002-3111; Slesarev, Vladimir L.: S.S.Alekseev Private Law Research Center under the President of the Russian Federation Moscow, Russian Federation
Keywords: ECHR; legislation; integration; source of law; constitutional court; international law; judicial act; phenomenon of “principled resistance”
Abstract: The relevance of the study is due to the need to determine the place of judicial acts, including international courts in the systems of national and international law. The goal is to determine approaches to the development of optimal interaction between national and supranational law, the constitution, laws and judicial acts while minimizing political, subjective and evaluative moments. Comparative legal analysis was used as the main research method. The problems of the absence of uniform approaches to the concept of “sources of law” and their system in various branches of law and in the doctrine; the official inclusion/non-inclusion of judicial acts among the sources of law; the place of acts of international courts in the systems of international and national law are analyzed. At the international level, the place of judicial acts in the form of decisions has been determined and it is in the hierarchy of sources of international law below international treaties, customs and principles of law. The tendencies of strengthening the control activities of the ECHR and the phenomenon of “principled resistance” come into conflict. The main reasons for non-enforcement of ECHR decisions, in most cases named by national constitutional courts, have been identified. In conditions of limited integration processes, consistent steps are recommended to develop more flexible procedures and mechanisms for the interaction of national, supranational and international law in the framework of the development of legal integration
Pages: 783–792
EDN: WMVTXC
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/150120

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