| Issue |
SHS Web Conf.
Volume 50, 2018
The International Scientific and Practical Conference “Current Issues of Linguistics and Didactics: The Interdisciplinary Approach in Humanities and Social Sciences” (CILDIAH-2018)
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|---|---|---|
| Article Number | 01192 | |
| Number of page(s) | 5 | |
| DOI | https://doi.org/10.1051/shsconf/20185001192 | |
| Published online | 12 October 2018 | |
Enforceability of ECtHR Judgements in Russia: Alternatives of Interaction Between Jurisdictions
Volgograd State University, 400062, Universitetskiy Av., 100, Volgograd, Russia
* Corresponding author: usenivan@yandex.ru
Issues of enforceability of the European Court of Human Rights judgements in Russia are considered in the article. The authors infer the priority of the model, in which judgements can be unimplemented if they are contrary to the constitutional law of the country in accordance with comparative legal analysis. However, the state is ought to make everything possible in order to enforce the decision, even interpret the Constitution, if possible. The authors conclude that issues of correlation of sovereignty and regional consensus, subsidiarity principles and supranationality, interpretation of the European Convention for the Protection of Human Rights and fundamental freedoms have not obtained a response. The European Court of Human Rights should be more thorough with the aspects of the national legal systems, but rejection of the execution of its judgements is unacceptable. Relevant provisions are to be excluded from the FCL from 21.07.1994 N 1-FCL «The Constitutional Court of the Russian Federation».
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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