scholarly journals CONSTITUTIONAL REFORMS AT THE PRESENT STAGE OF LEGAL DEVELOPMENT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Андрей Клишас ◽  
Andrey Klishas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
Present Stage ◽  
International Courts ◽  
Legal Development ◽  
European Court ◽  
Legal Risks ◽  
Constitutional Reforms ◽  
The Russian Federation

The article reveals the essence and importance of constitutional reforms at the present stage of legal development of Russia. According to the author, the success of constitutional reform depends on the choice of adequate implementation mechanisms, taking into account possible legal risks. In this regard, the article examines the main mechanisms and directions of constitutionallegal development and reformation. Among them the author emphasizes the active use of the interpretation of the Constitution that allows to adequately respond to public demands for constitutional reform, to further improve domestic remedies, and the establishment of effective cooperation mechanisms for the use of domestic remedies of protection of the rights and freedoms of man and subsidiary institutions for the protection of rights and freedoms. Accordingly, the important areas of constitutional and legal development are the implementation of judgments of international courts on the territory of the Russian Federation, primarily the European Court of Human Rights. The author substantiates the idea that the purpose of constitutional reforms is to increase the security of fundamental rights.

scholarly journals The Problem of Execution of ECHR Judgments within the Framework of the Novelties of the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 3-7
Author(s):  
Tatyana M. Alekseeva ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
International Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Effective Remedy

This article is about the problem of execution international courts decisions in connection with the changes that were contributed to the Constitution of the Russian Federation in 2020. The author believes that the review cases in view of new circumstances in connection with the violations were established by the European Court of Human Rights of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 provisions may be significantly limited. The article states that an appeal to the European Court of Human Rights and the obligation its decisions in relation to the violating country cease to be an effective remedy.

International penitentiary standards and european practice for the protection of the rights of the prisoners: expected perspective for domestic criminal-executive legislation

2019 ◽  
pp. 64-73
Author(s):  
Павел Владимирович Тепляшин ◽  
Олеся Валерьевна Обернихина
Keyword(s):  
Human Rights ◽  
Structural Changes ◽  
Effective Interaction ◽  
Legal Systems ◽  
International Courts ◽  
European Court ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Organizational Mechanisms ◽  
Domestic Law

В статье рассматриваются история и результаты международного сотрудничества по вопросам защиты прав заключенных, приведены результаты такого сотрудничества на примере организационно-структурных преобразований в уголовно-исполнительной системе. Проведен анализ норм отечественного законодательства на предмет эффективности осуществления процесса реализации международной практики исполнения наказания и заключения под стражей, а также обеспечения реформирования уголовно-исполнительной системы Российской Федерации. Исследуется практика защиты прав указанных лиц на международном уровне, когда нормы отечественного права исчерпали себя, а органы государственной власти и их должностные лица предпринимают попытки установить механизм внутригосударственного противодействия «нежелательным» решениям Европейского суда по правам человека. Авторы дают оценку процессу трансформации национальных правовых систем под влиянием решений, выносимых международными судами. Анализируются правовые, институциональные и организационные механизмы, используемые международными судами для эффективного взаимодействия с национальными правовыми системами, а также те сложности, с которыми международным судам приходится сталкиваться в процессе трансформации национальных правовых систем (на примере Европейского суда по правам человека). The article discusses the history and results of international cooperation on the protection of prisoners' rights, the results of such cooperation on the example of organizational and structural changes in the penitentiary system. The analysis of the norms of domestic legislation was carried out with a view to the effectiveness of the implementation of the process of implementing the international practice of executing punishment and imprisonment, as well as ensuring the reform of the penitentiary system of the Russian Federation. The practice of protecting the rights of these individuals at the international level is being studied, when the norms of domestic law have exhausted themselves, and the state authorities and their officials attempt to establish a mechanism of domestic opposition to the “undesirable” decisions of the European Court of Human Rights. The authors assess the process of transformation of national legal systems under the influence of decisions made by international courts. The author analyzes the legal, institutional and organizational mechanisms used by international courts for effective interaction with national legal systems, as well as the difficulties that international courts face in the process of transforming national legal systems (using the example of the European Court of Human Rights).

Anchugov & Gladkov v. Russia

2017 ◽  
Vol 111 (2) ◽  
pp. 461-468 ◽  
Author(s):  
A.Kh. Abashidze ◽  
M.V. Ilyashevich ◽  
A.M. Solntsev
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
International Courts ◽  
European Court ◽  
Domestic Courts ◽  
European System ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Constitutional System

On April 19, 2016, in The Case Concerning the Resolution of the Question of the Possibility to Execute in Accordance with the Constitution of the Russian Federation the Judgment of the European Court of Human Rights of 4 July 2013 in the Case of Anchugov and Gladkov v. Russia in Connection with the Request of the Ministry of Justice of the Russian Federation (Anchugov & Gladkov (Russ.)), the Constitutional Court of the Russian Federation (Constitutional Court) held that decisions of the European Court of Human Rights (ECtHR) are binding on Russian courts, in accordance with Article 15(4) of the 1993 Constitution of the Russian Federation. At the same time, the Constitutional Court stressed the necessity of ensuring a reasonable balance between the obligation to implement ECtHR judgments and respect for the fundamental principles of the Russian Federation's constitutional system. The Constitutional Court found that because the ECtHR judgment in question implicitly conflicted with provisions of the Russian Constitution, Russian courts are not obliged to comply with the judgment regarding issues that remain in conflict; however, other means are available to the Russian legislature to give effect to the judgment. While the decision marks an important development in Russia's relationship with the European system of human rights, it is not inconsistent with the approach taken by a substantial number of European domestic courts in holding that treaty obligations to enforce decisions of international courts cannot justify violating domestic constitutional norms.

scholarly journals Providing of Reasonableness in Decisions of the Constitutional Court in the Scope of Recognition of the Echr’s Decisions

2021 ◽  
Vol 7 (2) ◽  
pp. 1-14
Author(s):  
Laura BZOVA ◽  
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Case Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
Court Decision ◽  
Constitutional Court ◽  
European Court ◽  
Judicial Reasoning

The relevance of the study of judicial reasoning in public law is related to the challenges of modern litigation, which require new approaches to the construction of a court decision. This is also due to the constitutional reform in Ukraine, in particular the latest amendments to the Constitution of Ukraine in the field of justice. The emergence of the priority issue of constitutionality led to the rupture of the system, where the protection of fundamental rights in a particular issue was essentially ensured in accordance with the case law of the European Court of Human Rights. The Constitutional Court of Ukraine always uses the decisions of the European Court of Human Rights to form its own legal positions, after which they actually become a substantive element of the motivating part of the decision of the Constitutional Court of Ukraine. It is concluded that regardless of whether the decision of the European Court of Human Rights has been ruled on Ukraine or not, it is a source of constitutional law of Ukraine.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

Presumption of Innocence as a Principle of Administrative Offense Proceedings

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Presumption Of Innocence ◽  
Judicial Practice ◽  
European Court ◽  
The Russian Federation

The presumption of innocence is defined as one of the key principles of proceedings on the cases of administrative offenses. Using the current legislation, the legal positions of the highest courts of the Russian Federation and the European Court of Human Rights, judicial practice, the author reveals the essence of the presumption of innocence by highlighting the elements of this principle and characterizing their content.

Fragmentation of International Law Revisited: Insights, Good Practices, and Lessons to be Learned from the Case Law of the European Court of Human Rights

2015 ◽  
Vol 28 (4) ◽  
pp. 863-885 ◽  
Author(s):  
ADAMANTIA RACHOVITSA
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
European Convention ◽  
Vienna Convention ◽  
International Courts ◽  
Good Practices ◽  
European Court ◽  
Interpretation Process ◽  
Fragmentation Of International Law

AbstractThis article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, it offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. It analyses the Court's approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based on the letter of the VCLT.

Crimea in International Courts and Tribunals: Matters of Jurisdiction

2018 ◽  
Vol 21 (1) ◽  
pp. 378-403
Author(s):  
Gaiane Nuridzhanian
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Territorial Integrity ◽  
International Courts ◽  
Preliminary Examination ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
Inter State

The events taking place in Crimea since early 2014 have given rise to a number of international disputes currently pending before international courts and tribunals. Ukraine instituted inter-State proceedings against Russia before the International Court of Justice, the European Court of Human Rights and an unclos Annex vii Tribunal. Seven investor-State cases have been commenced against Russia. The Prosecutor of the icc is conducting preliminary examination into the crimes allegedly committed in Crimea in 2014 and afterwards. Foreign courts have also had to deal with cases related to the annexation of Crimea. This article provides an overview of cases pending before international courts and tribunals in relation to events in Crimea. The focus is on the questions related to jurisdiction of the international courts and tribunals seized in Crimea-related cases. The study explores the limits of the jurisdiction of international courts to adjudicate disputes concerning the interpretation and application of a treaty arising in connection with a larger dispute regarding the use of force, respect for sovereignty and territorial integrity. The article also discusses novel and debated jurisdiction-related matters that arise in cases brought in relation to events in Crimea. A brief description of cases heard in foreign courts is provided as well.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

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