On the future of international fair trial standards in Russian criminal justice

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The draft law approved by the State Duma on amendments and additions to the Federal Constitutional Law «On the Constitutional Court of the Russian Federation» proposes that the Constitutional Court should have jurisdiction over the question of the admissibility of non-enforcement of foreign court decisions in the territory of Russia, if they can harm the foundations of public order in the Russian Federation. Purpose: recognizing the acceptability of such a formulation of the question, to prove that the issue of public order in the Russian Federation requires theoretical comprehension and individual interpretation in each specific case. Methods: the author uses the methods of dialectical and formal logic, structural-system analysis and synthesis, comparative jurisprudence. Results: it is proved that the decisions of the European Court of Human Rights concerning international fair trial standards cannot harm the public order in Russia. On the contrary, the compliance of the Russian criminal justice system with international standards of justice is a reliable guarantee of the preservation of the foundations of public order in any country.

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International fair trial standards, international human rights standards, constitutional court of the russian federation, european court of human rights, european convention for the protection of human rights and fundamental freedoms

Короткий адрес: https://sciup.org/142232961

IDR: 142232961

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