25 ЛЕТ В СОВЕТЕ ЕВРОПЫ, И СНОВА ДИСКУССИЯ ОБ ОБЯЗАТЕЛЬНОСТИ ПОСТАНОВЛЕНИЙ ЕСПЧ

Abstract

The article considers the binding nature of legal positions of the European Court of Human Rights in civil proceedings taking into account amendments to procedural codes and substantive laws and legal positions of the Constitutional Court of the Russian Federation. The analysis is carried out to disclose the legislator’s intention, the purpose of which was to create the “stop-block” against the excessive evolutionary interpretation, rather than to limit the application of legal positions, stated in the judgments of the ECHR. In conclusion, the author puts forward the thesis that the recent amendments to the legislation should not be interpreted as a refusal to implement ECHR judgments, but as an attempt to fix in its legislation the right to seek compromise in the event of new obligations for Russia from the evolutionary interpretation of the ECHR Convention. In our opinion, it is appropriate to quote the President of the Constitutional Court of Germany, who wrote that this approach is a kind of “stop-cock”, which is most effective when it is not used at all. It is its presence, not its absence, that avoids an emergency situation. The presence of a “stop-cock” should not be an obstacle to the protection of human rights and freedoms, nor should it be an obstacle to the enforcement of ECHR judgments, let alone a justification for violations of conventional human rights and freedoms.