Putin allows Constitutional Court to declare decisions of ECHR unconstitutional

12:30, 15 December 2015
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Russian President Vladimir Putin on Tuesday signed the law amending the Federal Law "On the Constitutional Court of the Russian Federation," according to which the Russian Constitutional Court is allowed to declare decisions of international courts, first of all, the European Court of Human Rights (ECHR) unenforceable, if they contradict the Russian Constitution, according to Russian news agency TASS.


The amendments suggest that "at the request of a federal executive power body with the competence for the protection of Russian interests during the consideration at an interstate body for the protection of human rights and freedoms of complaints filed against the Russian Federation on the basis on an international agreement, the Russian Constitutional Court solves the question of the possibility of the execution of the decision of the interstate body for the protection of human rights and freedoms." In particular, the Russian president and government are vested with the competence of filing such requests with the Constitutional Court, TASS reports.

If the Russian Constitutional Court makes a decision on the impossibility of execution of the decision of an interstate body for the protection of human rights and freedoms in general or in part, any actions aimed at the fulfilment of the relevant decision in Russia cannot be taken.

In mid-July, the Russian Constitutional Court ruled that the ECHR decisions can be executed in Russia only if they do not contradict the country's Constitution.

The Constitutional Court said in its ruling that in most cases there is no conflict between the Russian Constitution and the Human Rights Convention, However, if a conflict emerges and the ECHR interpretation contradicts the Russian Constitution, Russia will have to refuse from strict compliance with the ECHR decision.

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