MOSCOW, December 15. The President of Russia Vladimir Putin signed a law amending the Federal law “On the constitutional Court of the Russian Federation”. According to the document, the Constitutional court (CC) of the Russian Federation is permitted to accept unenforceable decisions of international courts, primarily the European court of human rights (ECHR), in case of their contradiction with the Russian Constitution.
The bill was passed by the state Duma on 4 December and approved by the Federation Council on 9 December.
The Federation Council approved the law allowing the COP to admit unenforceable the judgment of the ECtHR
How has the law
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.
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 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).
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 role of international law in Russian legislation. Dossier
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.
The constitutional court of the Russian Federation intends to solve the problems in the relationship with the European court of human rights through dialogue
On the eve of Putin meeting with the judges of the constitutional court in St. Petersburg called an important opportunity for the constitutional court to make decisions regarding the activities of the ECtHR in respect of the Russian legislation. “A very important thing – the decision of legislators of Russia on the right of the constitutional court to make appropriate decisions regarding the activities of the ECtHR in respect of Russia, the Russian legislation”, – said the head of state at a meeting with judges of the constitutional court.
“Here we nothing new has come up, European countries are essentially on the same path,” added Putin.
The Chairman of the COP Valery Zorkin said that the constitutional court of the Russian Federation intends to solve the problems in the relationship with the European court of human rights through dialogue. “If there will come a time when there is a problem (in the relationship with the ECHR), probably we will solve it in including through dialogue,” he said, speaking at a meeting of Russian President Vladimir Putin met with judges of the constitutional court.
He also commented on the essence of new powers to the constitutional court against the decisions of the ECtHR. “The constitutional court said: we can say how enforceable this is in part regulation (ECHR), when the Constitution and implementing legislation to better protect the rights of citizens (the decision of the ECHR)”, – said Zorkin. “We can’t tell if Strasbourg takes a decision, directly contrary to the Constitution, he said. But this is not surprising”.
Press Secretary of the head of state, Dmitry Peskov, on Monday night told journalists that the decision on the priority of Russian law over the decisions of the ECHR does not contradict the European Convention for the protection of human rights. He clarified that we are talking about cases where the standards that are set by the Russian Constitution, higher than the standards that exist in international law. “So there is no violation there,” said Sands.