THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN THE RUSSIAN LEGAL SYSTEM: REASONS FOR DENUNCIATION

Abstract

It is indicated that, having joined the Council of Europe, Russia consistently implemented the European Convention into the Russian legal system. However, on 02/23/2023 Russia denounced the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950. The article solves the problem of identifying and analyzing the reasons for the adoption of such a decision by the state. Methodology. A system-structural approach is used in the analysis of the activities of the ECHR for the consideration of complaints and the resolution of cases. In this approach, the axio-teleological method is applied — the analysis of problems through the prism of constitutional values. The author argues and scientifically substantiates the conclusion that the evolutionary and universal types of interpretation of the norms of the Convention, combined with the desire of the Council of Europe to reduce the time historical framework required for the formation of a single European worldview and values among the peoples that are not peculiar to the mentality of Russian citizens, has caused Russia’s differentiated approach to the implementation of the ECHR decisions. The opinion is expressed that Russia’s voluntary withdrawal from the Council of Europe is necessarily forced. The further development of the objective process of states’ striving for peace, the rule of law, and the provision of natural rights and freedoms in the historical perspective will exclude from the list of natural rights and freedoms at the present stage the individual results of socio-cultural globalization that are mistakenly perceived as “values”. The opinion is expressed that it is inappropriate to denounce all the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms. By leaving the previously ratified provisions of section 1 “Rights and Freedoms” in force, Russia will thus confirm its commitment to true European values without infringing on mentality and sovereignty; it will demonstrate its independence from the opportunistic decisions of states currently in difficult economic and political situations.