The Constitutional Court first allowed not to implement the decision of the ECHR – RBC

Hall of the Constitutional Court of the meetings of the Russian Federation

Photos: Vitaliy Belousov / TASS

The Constitutional court first used the right to refuse the execution of the decision of the Strasbourg court. The Court considered that the international body has violated the sovereignty of the country, demanding that Russia has granted voting rights to prisoners

The Constitutional Court on Tuesday found that the decision of the Strasbourg Court in the case “Anchugov and smooth against Russia” contradicts the Russian Constitution, so it it is impossible to execute.

the high judges recognized that the European court of human rights has exceeded its powers by demanding that Russia has granted voting rights to those who are serving a sentence in the colonies.

COP came to the conclusion that the ban vote condemned contained in the Constitution and the ECHR is not entitled to demand that Russia made changes to its basic law.

«Russia as a high and international party upon ratification of the Convention for the protection of human rights and fundamental freedoms [ and recognition of the jurisdiction of the ECHR] did not consent to the amendment of the Constitution, – stated the judges. – The Convention has greater legal force than federal laws, but not greater than or equal to [Russian] Constitution »

The COP noted that the right to vote is not deprived all prisoners, but only those contained in the colonies.. “Only imprisonment entails the deprivation of the right to vote,” – said the court. And no reason to believe that the prohibition of discrimination of certain categories of convicts not considered by the COP. High judge recalled that the criminal law is almost completely eliminates the possibility to send a colony of anyone who has committed a crime of minor or moderate severity.

As a result, the COP admitted it impossible to execute the decision of the ECHR both in terms of amending the legislation and in terms of the restoration of the rights of the applicants – Anchugova and Gladkov, whose rights the Strasbourg court found infringed. Judges are reminded that the legislator at the same time he is able to optimize the system of criminal penalties.

In particular, the Constitutional Court noted that the legislator has the right to transfer the colony-settlement in the category of alternative form of punishment. Then all who were there found, automatically get the right to vote.

The first thing

The ECHR impugned decision was made in 2013, satisfied the complaint of former prisoners Anchugova Sergei and Vladimir Gladkov. Each of them complained that while serving his sentence (15 years imprisonment), they were denied the right to vote in elections. The Strasbourg Court has demanded that Russia remove these violations.

But the Ministry of Justice sent a request to the Constitutional Court, which asked to check the decision by an international court on the conflict with the Basic Law. This right of the COP established in July 2015. But this was the first case.

At the court hearing request supported Deputy George Matyushkin. He tried to convince the judges that the ECHR has violated the sovereignty of the country, criticizing the Constitution, which expressly prohibits participate in the elections concluded.

Allow not fulfill the decision of the Strasbourg Court also asked the representatives of both chambers of parliament, the president, the government, the Prosecutor General and the Central Election Commission.

All of them insisted that allowing prisoners to vote would give criminals the right to influence the formation of government. “We are talking about such concepts as power and crime. The Constitution prohibits the criminals involved in the formation of governments. In my view, this position should be maintained “- advocated a representative of the Federation Council Alexei Alexandrov

They pointed out that, for example, the UK has also refused to perform a similar decision of the ECHR in the case of John Herts and provide voting rights to prisoners..

in support of the ECHR decisions were only the Anchugov and Gladkov, who personally came to the court. They pointed out that participation in the elections should be a right, not a privilege, as it turns out today. And the prisoners in Russia today have fewer rights than in those with dual citizenship, insisted Anchugov. At the same time, according to the FSIN, the penalty is now in prison serving a 650 thousand. People (as of March 1).

The position of the former detainees maintained only a representative of the Human Rights Council under the President Ilya Shablinsky. It is proposed to introduce a differentiated approach and to allow to vote in elections, such as those contained in a penal colony. This does not necessarily change the Constitution – is enough to give a new interpretation urged Shablinsky judges.