The project, which gives the Constitutional court the right to recognize the impossible enforcement in Russia of decisions of international courts, seeks to urge the government to take responsibility for the execution of international decisions, said a member of the Federation Council Andrey Klishas.
MOSCOW, 8 Dec. The adoption of a law giving the Constitutional court the right to recognize the impossible enforcement in Russia of decisions of international courts, if they violate the supremacy of the Constitution, obliges the government a more responsible approach to the execution of such decisions, said one of the authors of the bill, the head of the constitutional Committee of the Federation Council Andrey Klishas.
On Tuesday the constitutional Committee supported the law and recommended that the Federation Council approve it at the meeting on 9 December.
“I want to emphasize that the document is aimed primarily to encourage the government to take responsibility for the implementation of the decisions of all international courts, and not to arbitrarily refuse to perform some of them with links to the Constitution. Such authority is to determine whether there is a contradiction of the Constitution can have only a constitutional court”, — said Klishas.
According to him, currently the government “doesn’t need to perform” certain international courts, on the grounds that such decision contradicts the Constitution of the Russian Federation and public order.
“With the adoption of the law the Executive is not able to resolve the issue, execute or not to execute the decision, but will need to address the constitutional court as the higher judicial body of constitutional control with the corresponding request,” the Senator said.
In the conclusion of profile Committee of the Federation Council notes that the right to appeal to the constitutional court to the interpretation of the provisions of the Constitution regarding the execution of decisions of international courts vested with the President of the Russian Federation and the government.
The authors of the initiative became the Chairman of the constitutional Committee of the Federation Council Andrey Klishas, Duma deputies Vladimir Pligin (EP), Mikhail Emelyanov (WED), Alexei Didenko (LDPR) and Vasily Likhachev (CPRF). The bill was developed pursuant to the decree of the RF constitutional court of 14 July 2015 in the case of the applicability of ECHR decisions on the Russian territory.
The document, in particular, provides that the constitutional court solves a question on possibility of execution of decisions of the competent inter-state body for the protection of the rights and freedoms of man against Russia. Previously Klishas said that the act in case its acceptance may be extended to the execution of the decision of the Hague court in the Yukos case, in that case, if the corresponding request to the COP to appeal to the authorized body.
In July 2014 the court of arbitration in the Hague unanimously upheld the claim of former shareholders of Yukos and ordered Russia to pay 50 billion dollars. The Russian Federation appealed against this judgment, however, the former shareholders of the company appealed to the courts of five countries with a demand for arrest of the property.