Execution of judgments of the European Court of Human Rights
Naser Abdel Raheem Al Ali1, Elena Olegovna Tchinaryan2, Roman Marselievich Dzhavakhyan3, Natalya Viktorovna Lutovinova4
1Naser Abdel Raheem Al Ali, Russian State Social University (RSSU), Moscow, Russian Federation.
2Elena Olegovna Tchinaryan, Russian State Social University (RSSU), Moscow, Russian Federation.
3Roman Marselievich Dzhavakhyan, Russian State Social University (RSSU), Moscow, Russian Federation.
4Natalya Viktorovna Lutovinova, Russian State Social University (RSSU), Moscow, Russian Federation.
Manuscript received on 02 June 2019 | Revised Manuscript received on 10 June 2019 | Manuscript published on 30 June 2019 | PP: 1616-1621 | Volume-8 Issue-8, June 2019 | Retrieval Number: G6006058719/19©BEIESP
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The article analyses the Resolution of the Constitutional Court of the Russian Federation # 21-P/2015 of July 14, 2015. The authors investigate into problem issues pertaining procedures of execution of the European Court of Human Rights judgments in the Russian Federation. Special attention is paid to the Resolution of the Constitutional Court of the Russian Federation that provides for a possibility of non-compliance with judgments of the European Court of Human Rights, if they are found unconstitutional in Russia. The authors estimate an opinion of the Constitutional Court of Russia concerning this problem from the standpoint of the Russian Constitution and international law. Taking into consideration the systematic analysis of judicial opinions, it is concluded that the Constitutional Court has the right to review constitutionality of non-concluded international agreements only, and to pursue for all available means for approved maintaining of European (conventional) and national (constitutional) law and order; whereas the Russian should, under provisions of international law, willingly enforce international obligations, including the European Court of Human Rights judgments.
Keyword: The European Court of Human Rights (ECHR), the Constitutional Court of the Russian Federation, resolutions of the Constitutional Court of the Russian Federation, the Committee of Ministers of the Council of Europe, judgments of the European Court of Human Rights.
Scope of the Article: Human Computer Interaction (HCI).