Journal of Siberian Federal University. Humanities & Social Sciences: The Meaning and Operation of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Judgments of the European Court of Human Rights in the Legal System of the Russian Federation

Journal of Siberian Federal University. Humanities & Social Sciences / The Meaning and Operation of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Judgments of the European Court of Human Rights in the Legal System of the Russian Federation

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Tereshkova, Valentina V.
Contact information: Tereshkova, Valentina V.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords: domestic courts; European Court of Human Rights; European Convention on Human Rights; direct application; implementation of ECtHR judgments; supranational jurisdictions; subsidiarity
Abstract: The paper shows the direct application of the European Convention on Human Rights and the implementation of judgments of the European Court of Human Rights by Russian domestic bodies and also by the judiciary. Although judges more often refer to the guidelines of the highest judiciary as the legal basis for direct application, the author claims that the basis is Art. 15 of the Russian Constitution and subsequent legislation. Analyzing decisions of different levels courts, the author suggests theoretical framework of direct application of international law. The author argues that the main difficulties in implementing convention provisions for Russia are not related to the Convention on the Protection of Human Rights and Fundamental Freedoms as such, but to the interpretation of its norms in the ECtHR judgments. Although most references are limited to a brief reference to more or less relevant provisions of the Convention, many judges are able to interpret the provisions of the European Convention together with the case law of the European Court of Human Rights. The author suggests preserving the dialogue and coordinated interaction of the European (conventional) and national (constitutional) law and order. The deviation from the legal obligation of the ECtHR judgments, demonstrated by the Constitutional Court of the Russian Federation in the recent judgments of the ECtHR in the case of Anchugov and Gladkov (in part) and in the Yukos case (in full), may lead to a breach of the international obligations of the Russian Federation
Pages: 826-844
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33307

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