The role of the Constitutional Court in resolving problems of interpretation of ECHR decisions
Автор: Subrina L.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Конституционное и муниципальное право
Статья в выпуске: 2 (25), 2020 года.
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The convergence of the Russian legal system with European law faces a difficult problem of overcoming differences. The problem arises as a result of different approaches of the European court of human rights (ECHR) and the constitutional Court of the Russian Federation to the interpretation of the European Convention for the protection of human rights and fundamental freedoms. The ECtHR interprets the norms taking into account the processes of globalization in the economy and social sphere taking place on the territory of Europe. In some cases, this approach leads to a significant change in the original content of the Convention rules. When interpreting the provisions of the Convention, the constitutional Court of the Russian Federation recognizes the need to take into account the ongoing changes. However, it stands on the position that the meaning of the Convention norms ratified by States should be preserved and not subject to revision. Also, the constitutional court requires that when considering complaints against Russia, the ECHR should take into account the peculiarities of national branches of law. In the article the directions of convergence of two approaches are formulated. In order to take more fully into account the national characteristics and legal mentality of the ECHR, it is recommended to study the positions of States when ratifying the European Convention for the protection of human rights and fundamental freedoms. In these positions, States impose restrictions on the implementation of the provisions of the Convention. Russian legislation is recommended to reduce the proportion of norms referring to international legal norms.
Legal awareness, legal mentality, constitutional sovereignty
Короткий адрес: https://sciup.org/14119501
IDR: 14119501