The law, approved by the state Duma, amends the Federal constitutional law on the constitutional court. This means that he should not receive the approval of a simple majority, but two thirds of deputies of the state Duma and three-quarters of Federation Council members.
MOSCOW, 4 Dec. The state Duma on Friday has approved in the second, and mainly in the third and final readings a law giving the Federal Constitutional court the right to recognize the impossible enforcement in Russia of decisions of international courts, if they violate the rule of the Russian Constitution.
The law amends the Federal constitutional law on the constitutional court. This means that he should not receive the approval of a simple majority, but two thirds of deputies of the state Duma and three-quarters of Federation Council members.
Voted for the document 436 Duma deputies, against three.
Russia’s constitutional court ruled July 14 that will address the issue of execution of judgments of the European court of human rights in each case individually and decisions of the ECHR are enforceable only with regard to the recognition of the supremacy of the Constitution of Russia. The law was developed in pursuance of this resolution and aims “at implementing the powers of the Federal legislator to provide a special legal mechanism for the resolution of the question of possibility or impossibility from the point of view of principles and of the rule of higher legal force the Constitution of the Russian Federation to execute judgement on the appeal against the decision of Russia”.
Mechanisms
The law provides for two ways of settling the Constitutional court of such cases.
First, the Federal body that protects the interests of Russia filed lawsuits against it in international courts, has the right to appeal to the constitutional court with inquiry about possibility of execution of the decision on the lawsuit. The request can be sent only if the Federal authority determines that the decision of the court based on the provisions of international Treaty interpretation, presumably leading to their discrepancy with the Constitution of Russia.
Such a case the constitutional court will be able to resolve without a hearing if it considers that the matter can be resolved on the basis of the legal positions from its previous rulings. Following consideration of the case the constitutional court will declare the possibility or impossibility of execution of the decision in whole or in part in accordance with the Russian Constitution. If the constitutional court will declare the impossibility of execution of the decision, the action for its execution will be denied.
Second, the President or the government can appeal to the constitutional court with request about interpretation of the basic law in relation to the possibility of execution of the decision of interstate body to eliminate uncertainties due to a detected conflict between the provisions of an international Treaty (the interpretation of interstate authority) and the Constitution of Russia.
If the constitutional court interprets the basic law in the sense of impossibility of execution of the decision of the interstate authority without violating the Constitution, the action for its execution will also be prohibited.
