MOSCOW, November 18. The draft law on the priority of decisions of the constitutional court of the Russian Federation (CC RF) over the verdicts of international courts, including European court of human rights (ECHR), submitted to the Duma. It was sponsored by representatives of all Duma factions headed by the Chairman of the Committee on constitutional legislation and state construction Vladimir Mr Pligin, according to the staff of the lower chamber.
© Denis Vyshinsky/TASS
The Russian constitutional court: the decisions of the ECHR can be performed if they do not contradict the Constitution of the Russian Federation
As stated in the explanatory Memorandum, which is available at the disposal, the amendments to the Federal constitutional law on the constitutional court of the Russian Federation. Them provides that “on request of the Federal Executive authorities vested with competence to protect the interests of the Russian Federation during the consideration in inter-state body for the protection of the rights and freedoms of the individual complaints lodged against the Russian Federation under the international Treaty, the constitutional Court of the Russian Federation solves a question on possibility of execution of the decision of interstate body on protection of the rights and freedoms of man”. If the constitutional court adopts a decision about impossibility of execution of the decision of interstate body on protection of the rights and freedoms of persons, any action (acts) aimed at the execution of the relevant decision of interstate body on protection of the rights and freedoms in Russia cannot take place (be taken).
“We will propose to set the time of mailing of the bill until November 25, so it may be reviewed (the Committee) on November 26, and will offer the State Duma to consider the bill in the first reading on 1 December”, – told journalists Vladimir Pligin.
In mid-July, the constitutional court held that the decisions of the ECHR can be enforced in Russia only if they do not contradict the basic law of the country.
© Anton novoderezhkin/TASS
Pligin: the decision of the constitutional court will not carry out the decisions of the ECtHR, contrary to the Constitution of the Russian Federation
In the decision, the COP noted that in most cases, conflicts between the Russian Constitution and the Convention on human rights does not arise. However, if a conflict arises and the ECHR will give an interpretation contradicting the Constitution of the Russian Federation, Russia will be forced to abandon a literal enforcement of the decision of the ECHR.
The court also pointed out that the legislator is entitled to establish special legal mechanism of ensuring the supremacy of the Constitution in such cases.
The COP has made this decision after review of the request group of deputies of the state Duma on which part of the judgment of the ECHR might be applicable in the territory of the Russian Federation, if they concern constitutional norms and decisions of the constitutional court. “Say the signatories on this request, a number of decisions of the ECHR have the ultimate aim of blurring the boundaries of state sovereignty of the Russian Federation based on the supremacy of the Russian Constitution and the primacy of the constitutional court of Russia as the sole authority authorized to exercise constitutional oversight”, – explained the first Deputy Chairman of the Duma Committee on budget and taxes spravoross Alexander Tarnavsky.