Abstract
Отказ от исполнения решений международных судебных органов по защите прав и свобод граждан
Highlights
In Russia, unlike countries such as Ukraine, the law on the enforcement of the ECtHR decisions have not been adopted, and the ECHR judgments have not formally been assigned to the number of executive documents
We believe that the Constitutional Court of the Russian Federation, when issuing this decision, exceeded its authority, taking the place of the ECtHR as an official interpreter of the ECHR in violation of Article 46 of the ECHR, which Russia ratified without reservation: “The Russian Federation recognizes ipso facto and without special agreement the jurisdiction of the European Court of Human Rights binding on the interpretation and application of the Convention and the Protocols thereto in cases of alleged violation by the Russian Federation of provisions of these treaty acts when the alleged violation took place after their entry into force with respect to the Russian Federation”[1]
It is noted that the ECHR does not stand above the Russian Constitution, as Art. 15 of the Basic Law establishes the lawful, but not the unconstitutional nature of international treaties [6, p. 260]
Summary
In Russia, unlike countries such as Ukraine, the law on the enforcement of the ECtHR decisions have not been adopted, and the ECHR judgments have not formally been assigned to the number of executive documents. It is not surprising that our country is among the leaders in the unfulfilled decisions of the ECtHR. By the end of 2015 the number of unfulfilled decisions had increased to 1,549. The average time for execution of the ECtHR judgments in Russia is 9.7 years – more than in other CoE member states. The federal budget for 2016 provides the costs of implementing the decisions of the ECtHR at a rate of only 600 million rubles (about 9 million euros), which is several times less than it is necessary to pay for the current year (including the amount of monetary compensation and the penalty for their nonpayment)[1]. At the same time, according to the representatives of the authorities, Russia intends to enforce neither the decision on the Yukos case nor on other resonant cases, referring to their political and unconstitutional nature
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callSimilar Papers
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
