MOSCOW, December 1. The state Duma will consider on Tuesday in the first reading the bill allowing the Constitutional court (CC) of the Russian Federation to recognize the enforceability of decisions of international courts, primarily the European court of human rights (ECHR), in case of their contradiction with the Russian Constitution. The authors of the initiative were made by the representatives of all parliamentary factions led by the Chairman of the relevant Committee of the house Mr Pligin Vladimir, and Senator Andrey Klishas.
© Stanislav Krasilnikov/TASS
The state Duma Committee supported the bill authorizing the COP to accept the decisions of the ECtHR
As stated in the explanatory note to the bill, 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”. In particular, the competence for such applications, the COP assigned to the President of the Russian Federation and the government of the Russian Federation, previously explained Pligin.
In case 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 act (acts), directed on execution of its corresponding solution in Russia, cannot take place (be taken).
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The role of international law in Russian legislation. Dossier
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. 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.