MOSCOW, December 4. The state Duma adopted in the second and once in the third final 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 Chairman of the house Committee on constitutional legislation and state construction Vladimir Mr Pligin, and Senator Andrey Klishas.
© ITAR-TASS/Vadim Zhernov
The role of international law in Russian legislation. Dossier
Amendments to the Federal constitutional law on the constitutional court of the Russian Federation pursuant to the July ruling of the constitutional court. 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.
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 the person as a whole, or in part, any act (acts), directed on execution of its corresponding solution in Russia, cannot take place (be taken).
As stated earlier, Pligin, the bill does not cause any damage to “the investment activity or the protection of common property rights” in Russia. “The cases of possible treatment failure or to assess the constitutional court will no doubt be wearing singular character,” he said. Pligin also pointed out that the concept of the bill is consistent with international practice and similar precedents already exist in Europe, particularly in Germany and the UK.
The possible cases of default or recourse to the assessment of the constitutional court, undoubtedly, will be a single character
the Chairman of the Duma Committee on constitutional legislation and state construction
The decision of the constitutional court
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.
© 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
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.
A parliamentary inquiry in the constitutional court
The authors of the official request to the constitutional court addressed the state Duma deputies from all factions. Signatures under the document have put the MP 93 – more than one-fifth of the total membership of the Duma.
“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 Tarnavskiy, which his colleagues have entrusted to represent their position on this issue in court. According to him, the deputies see that a number of ECHR verdicts “contradict the norms of the Russian Constitution and the decisions of the constitutional court”.
In February 1996, Russia signed the European Convention for the protection of human rights and fundamental freedoms, as well as a number of protocols. By ratifying these agreements, the country has accepted the jurisdiction of the European court of human rights (ECHR) and committed to fulfill its decisions. The relevant provisions were subsequently introduced in a number of laws and codes that did the ECtHR judgments the basis for revising earlier judgments.
In the hierarchy of the Russian legal system is dominated by the Constitution, noted in comments to the Basic law under the editorship of the head of the Russian constitutional court Valery Zorkin. In the event of a conflict between the Constitution and the rules of the international Treaty among the Basic law (by virtue of paragraph 1 of article 15). The principle of the supremacy of the Constitution was further confirmed in the decision of the constitutional court of the Russian Federation on the case of K. A. Markin dated 6 December 2013. It was stated that enforcement in Russia of decisions of international courts is possible only in case of their compliance with the Constitution of the Russian Federation and positions of the constitutional court of the Russian Federation.
The European court of human rights
Claims against Russia in the European court of human rights