Journal of Siberian Federal University. Humanities & Social Sciences / Constitutional Court of the Russian Federation, Decision from 19 April 2016, No. 12-P/16. An Assessment from a German Point of View

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors
Haak, Julia
Contact information
Haak, Julia: University Passau Innstraße 41 Passau, 94032, Germany;
Keywords
European Convention on Human Rights; European Court of Human Rights; Constitution of the Russian Federation; Constitutional Court of the Russian Federation; prohibition on the right to vote; implementation measures
Abstract

The constitutional decision from 19 April 2016, No. 12-P/16 was the first case in connection with a request concerning the implementation of decisions from the Strasbourg Court in the Russian Federation. It has its roots in the right to vote for prisoners, which is expressly prohibited in Article 32(3) of the Russian Constitution. In its decision from 4 July 2013, the European Court of Human Rights found this regulation to be illegal with regard to Article 3 of the Protocol to the European Convention on Human Rights in the case “Anchugov and Gladkov”. The Russian Constitutional Court considered that the national implementation of this decision it not possible and based this conclusion mainly on the status of the Russian Constitution above the European Convention on Human Rights. It is needful to shed light on the measures the Strasbourg Court considered necessary and to assume if an implementation in the Russian Federation would be really impossible in this regard, as stated by the Russian Constitutional Court

Pages
845-850
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/33308

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