Reducing the risk of uncertainty in correlating the norms of the international law with the domestic ones

The European Court of human rights ensures the uniform interpretation of norms of the Convention, which is a means of creating a single European legal space, as one of its functions. The analysis of the ECHR judicial practice in consideration and resolution of complaints of violation of civil rights by the defendant states, as well as critical observations of experts and scientists demonstrate that the ECHR exceeds the limits established by Clause 32 of the Convention on the protection of human rights and fundamental freedoms: to recognize the fact that this or that right of an applicant has been violated. The reason of why in some cases the content of the ECHR decisions does not fully meet the requirements of objectivity has been determined. The reason lies in the shortcomings of the mechanism of realization of norms of the Convention into national legislations. The drawbacks are caused by the lack of full disclosure of the Convention provisions in the sectoral legislations. This makes it difficult for the ECHR to analyze the peculiarities of a national legislation; creates the situation when assessing the legal situation in a state, the ECHR employs "judicial activism" through its evolutionary interpretation and legal mentality. Therefore, the position of the ECHR often does not reflect the position of the RF Constitutional Court.. To reduce the risk of the mentioned situation, it is necessary to abandon the practice of referring to the international norms in a law. The applicable international norms should be enshrined in detail in the Federal legislation in a regulation taking into account the peculiarities of the national legislation with full correspondence to the constitutional provision.