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RELATIONSHIP OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION WITH THE ECHR

https://doi.org/10.24833/2073-8420-2017-4-45-3-8

Abstract

According to Part 4 of Article 15 of the Constitution of the RF, generally recognized principles and norms of international law and international treaties of the Russian Federation are “an integral part of the legal system” of the country. The consolidation of this norm in the Basic Law for the Russian legal system was of double significance. Firstly, this means that the range of normative sources on the basis of which regulation of social relations within the country is being carried out was substantially expanded by virtue of the norms of international law. Secondly, for the first time in the domestic law the principle was fixed, according to which, when conflicts arose between national and international law, the norms of international law prevailed. Thus, international law was proclaimed the criterion of legal support of the rights and freedoms of a person and citizen of the Russian Federation. It also formed the basis of the constitutional status of the indigenous small-numbered peoples of Russia.

About the Authors

R. Yengibaryan
MGIMO(University) under the MFA of Russia
Russian Federation
Scientific Supervisor of the School of Governance and Politics, Doctor of Science (Law), Full Professor, Merited Scholar of the Russian Federation, MGIMO(University) under the MFA of Russia


Yr. Krasnov
MGIMO(University) under the MFA of Russia
Russian Federation
Doctor of Science (Law, History), Professor with the Department of Legal Basics of Governance, MGIMO(University) under the MFA of Russia


References

1. Engibaryan R.V. Krasnov Yu.K., 2014. Teoriya gosudarstva i prava [The theory of state and law]. Мoscow.

2. Obshchaya teoriya gosudarstva i prava: Akademicheskii kurs: V 3 t. Otv. red. Marchenko M.N. [The general theory of state and law. Academic course. 3 volumes. Edited by M.N. Marchenko]. Мoscow, 2001.

3. Krasnov Yu.K., 2016. Povorot Rossii v otnoshenii k resheniyam mezhdunarodnykh sudov. Nespravedlivye resheniya vypolnyat’ ne budem [Turn of Russia in relation to decisions of international courts. We will not carry out unjust decisions]. Pravo i upravlenie. XXI vek [Journal of Law and Administration]. № 1.


Review

For citations:


Yengibaryan R., Krasnov Y. RELATIONSHIP OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION WITH THE ECHR. Journal of Law and Administration. 2017;(4):3-8. (In Russ.) https://doi.org/10.24833/2073-8420-2017-4-45-3-8

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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)