MOSCOW, December 4. / TASS /. The State Duma passed in the second and once in the third and final reading a bill authorizing the Constitutional Court (CC) of the Russian Federation to recognize unenforceable decisions of international courts in the first place, the European Court of Human Rights (ECHR), if they contravene the Russian Constitution. The authors of the initiative made by the representatives of all Duma factions headed by the chairman of the profile committee of the House Committee on Constitutional Legislation and State Building Vladimir Pligin and Senator Andrei Klishas.
The amendments made to the Federal Constitutional Law on the Constitutional Court pursuant to the July decision of the Constitutional Court. They provide that “at the request of the federal executive authority vested with competence to protect the interests of Russia when considered in interstate bodies for the protection of human rights and freedoms of complaints filed against the Russian Federation on the basis of an international treaty, the Russian Constitutional Court resolves the issue of the possibility of execution of the interstate body for the protection of human rights and freedoms. ” In particular, competent for such appeals to the Constitutional Court gives the president of the Russian Federation and the Government of the Russian Federation, explained earlier Piligin.
In case the Constitutional Court makes a decision on the impossibility of execution of the interstate body for the protection of human rights and freedoms in general, or in part, any action (acts), aimed at the performance of its corresponding solutions in Russia can not be performed (accepted).
As stated previously Piligin, the draft law does not cause any damage to “investment activity or the protection of part of the property “in Russia. “The cases of possible non-execution or appeal to the Constitutional Court assessment, of course, will be of a single character,” – he said. Piligin also pointed out that the concept of the draft law is not incompatible with international practice and similar precedents already exist in European countries, particularly in Germany and the UK.
The Constitutional Court
In the middle of July the Constitutional Court ruled that the ECHR decision can be executed on the territory of the Russian Federation only in case if they do not contradict the fundamental law of the country.
The decision of the COP noted that in most cases the conflict between the Russian Constitution and the Convention on Human Rights does not arise. However, if a conflict arises, and will give the interpretation of the ECHR, contrary to the Constitution of the Russian Federation, Russia will be forced to abandon the literal execution of the ECHR. The court then also pointed out that the legislator has the right to establish a special legal framework ensuring the supremacy of the Constitution in such cases.
Constitutional Court ruled this decision after reviewing the request group of State Duma deputies as to what part of the decision of the ECHR may be applicable in the territory of the Russian Federation if they relate to the constitutional norms and the decisions of the Constitutional Court.
parliamentary inquiry to the Constitutional Court
The authors of an official request to the Constitutional Court made by State Duma deputies from all factions. Document was signed by 93 parliamentarians – more than one fifth of the total composition of the State Duma.
“It is believed the deputies, signatories to this request, a number of decisions of the ECHR have the ultimate aim of blurring the boundaries of state sovereignty of the Russian Federation, based on the supremacy of the Constitution of Russia and priority jurisdiction COP Russia as the only authority authorized to carry out constitutional review, “- says the first deputy chairman of the Duma Committee on Budget and Taxes Alexander spravoross Tarnavskiy which his colleagues have entrusted to represent their position on the matter in court. According to him, the deputies saw that a number of ECHR verdicts “in conflict with the norms of the Russian Constitution and the decisions of the Constitutional Court”.
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