Open AccessOn resolution priority by Russian Federation constitutional court over interstate body decisions for the protection of human rights and freedoms
Author(s) -
Valeeva Guzel Anvarovna,
Larionova Anastasiya Nikolaevna,
Dmitry A. Lipinsky
Publication year - 2020
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-622020206extra-a555p.52-56
Subject(s) - constitution , law , constitutional court , russian federation , convention , political science , human rights , treaty , supreme court , sociology , regional science
This article examines the priority of Russian Federation Constitutional Court decisions over the decisions of interstate bodies for the protection of human rights and freedoms. Since the international treaty, the legal positions of the ECHR do not abolish the supremacy of the Constitution for the Russian legal system, the decisions of the ECHR are subject to implementation within this system only on condition that the supreme legal force of the RF Constitution is recognized. If the ECHR interprets the 1950 Convention as contrary to the RF Constitution, then in this regard, Russia refuses to follow literally the ruling of the ECHR. In conclusion, the authors note that the Constitutional Court of the Russian Federation ruled that it would decide the issue of the ECHR decision execution in each case individually but considering the recognition of the RF Constitution supremacy.