The Significance of Decisions of International Judicial Bodies in the Context of International Cooperation in Criminal Proceedings

Introduction: the paper examines the significance for international cooperation in the sphere of criminal proceedings of decisions of international judicial bodies, primarily the European Court of Human Rights (ECtHR) and the International Criminal Court (ICC). The research is conducted through the prism of legal regulation of these issues in the Russian Federation. Special attention is paid to the evolution of approaches to the recognition and application of international court decisions in the Russian legal system. The impact of international court decisions on such procedures in criminal proceedings as extradition, application of preventive measures, and review of judicial decisions is considered. Particular attention is paid to analyzing the consequences of the formal severance of legal ties between Russia and international associations after its withdrawal from the Council of Europe in 2020. Purpose: a comprehensive analysis of the practical significance of decisions of international judicial bodies for international cooperation in the sphere of criminal proceedings, taking into account modern geopolitical realities and constitutional transformations in the Russian Federation. Methods: the methodological framework for the research includes a set of the general scientific and special scientific methods, such as formal-legal, comparative law, historical-legal methods, as well as the methods of analysis and synthesis. This allowed for a multifaceted and substantiated analysis of the problem under consideration, integrating theoretical depth with a practice-oriented focus. As a result of the research, the legal status of international court decisions in the system of sources of international and national law in the context of criminal proceedings is determined, and their role as an auxiliary source forming obligations for states is confirmed. The evolution of the legal status of international court decisions in the Russian legal system is analyzed – from their prejudicial recognition after the ratification of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention 1950) to the modern mechanism of conditional implementation through the filter of the Constitutional Court of the Russian Federation. The thesis on the continued relevance of ECtHR decisions for the Russian legal system and law enforcement practice even after the formal termination of the European Convention 1950 for Russia is substantiated, highlighting specific reasons for this influence. Conclusion: the existence of an international instrument in criminal proceedings – obligations under international court decisions recognized by Russia at the legislative level – is substantiated. They are based on the international treaties of the Russian Federation, which confirms the integration of international norms into national legislation. These decisions influence criminal proceedings and are an element of the legal basis for international cooperation.