Constitutional Court of the Russian Federation will decide whether to enforce decisions of the European Court
- Author: Irina Onikienko
- Service: Commercial arbitration and out-of-court dispute resolution
- Date: 29.12.2015
Starting from December 15, 2015, the Federal Constitutional Law No.7-FKZ dated December 14, 2015 “On introducing amendments to Federal Constitutional Law ‘On Constitutional Court of the Russian Federation’” entered into effect.
From now on, it is secured in the legislation that the Constitutional Court of the Russian Federation is entitled to adopt decisions on the possibility to enforce on Russian territory the decisions of interstate bodies for protection of human rights and freedoms. Such a decision will be adopted after a relevant query is received from an authorized state body. At present, the main interstate bodies for protection of human rights and freedoms are the UN Human Rights Committee and the European Court of Human Rights.
If the Constitutional Court considers the decision of an interstate body for protection of human rights and freedoms to be unenforceable based on the Russian Constitution, then the enforcement of such a decision on Russian territory will be impossible.
The amendments to the law are aimed at consolidation at the legislative level of the position of the Constitutional Court stipulated in Decree No.21-P dated July 14, 2015, providing that decisions of the European Court of Human Rights must be executed in Russia only with due regard for the supremacy of the Russian Constitution.
Should any questions arise in connection with the above or if you need any additional materials, please contact Valentina Alikova, Moscow Office of Capital Legal Services.
This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.