Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)

Authors

Kondrashova, Tatiana V.

Contact information

Kondrashova, Tatiana V.: Ural State Law University 21 Komsomolskaya Str., Yekaterinburg, 620137, Russia;

Keywords

influence of foreign law provisions; rules of international law; the European Court of Human Rights; the Constitution of the Russian Federation; the Constitutional Court of the Russian Federation; Rulings of the Plenum of the RF Supreme Court; fundamental human rights and freedoms; tortures; instigation of a crime; decisions of the Supreme Court of the Russian Federa-tion; enforcement of the ECHR decisions

Abstract

Taking into account the history of reception of foreign and international law by the Russian leg-islation and the changed historical and political conditions, the article considers the following questions: compliance of the Russian Constitution provisions with the European Convention on the Protection of Human Rights and Fundamental Freedoms; practice of enforcement of the European Court decisions by the Russian legislator and law enforcer. It is stated that the ECtHR decisions influence not only the decisions in particular cases but the acts of interpretation by the RF Supreme Court Plenum. The article analyses different decisions of the RF Constitutional Court, which declared some decisions of the ECtHR inconsistent with the RF Constitution. Con-sequently, considering the analysis made and some decisions of Constitutional Courts of some European countries, it is possible to conclude that the provisions of the RF Federal Law “On the Constitutional Court” and the practice of the RF Constitutional Court concerning the enforcement of the ECHR decisions complies with the European practice

Pages

893-905

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/33313

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).