«Oil of Russia», 02.07.15, Moscow, 10:46 Yesterday, the Constitutional Court considered in the open meeting very sharp and difficult question – how much our country, it is necessary to obey the decisions of the European Court of Human Rights if they contradict the Constitution of Russia.
The reason for yesterday’s meeting was the request for a group of deputies of the State Duma. They also asked to what extent it is necessary to obey the decision of the ECHR if it is in conflict with domestic Fundamental Law?
This question actually appeared yesterday. In February 1996, our country signed the European Convention on Human Rights and a number of protocols. By ratifying these treaties, Russia has recognized the jurisdiction of the ECHR and the obligation to obey its decisions. Later, the relevant provisions have been made in some laws and codes. And this in turn has made the appearance of ECtHR judgments basis for revision of the judgment already.
The authors emphasize the request, according to the Constitution, participate in interstate associations should not lead to a breach of human rights or contradict the fundamental principles of the constitutional system. According to deputies, the contested rules oblige the courts and other state bodies firmly implement the decisions of the ECHR, even contrary to the Russian Constitution. As a result, assured the State Duma, the law enforcer put in an impossible situation, because such a conflict might be insoluble. Therefore, the authors believe the request inappropriate contested provisions of the Russian Constitution.
At the meeting, representatives of the presidential administration, the Prosecutor General, Ministry of Foreign Affairs, the Ministry of Justice. The decisions of the Strasbourg Court should not automatically performed in Russia, said at a meeting of the COP Foreign Ministry spokesman Gennadi Kuzmin:
– If national legislation fully protects the rights of citizens, it is not necessary to perform the controversial decisions of the ECHR, – he said.
Kuzmin recalled the decision of the ECHR faced with constitutional barriers not only in our country. The same problems exist in other countries: Germany, Britain and Italy. And these issues are raised in many countries.
– Now there are discussions about the limit compliance: how it is necessary to obey the decisions of the ECHR if they contradict the Constitution. We conclude that the protection of constitutional guarantees is a priority, and not the decision of the ECHR, – said Kuzmin.
He expressed the opinion that Russia is not trying to get away from this way of solving the case of “Yukos”. Recall, the ECHR has decided to pay the former shareholders of the oil company for about 2 billion euros. But according to Kuzmin, an explanation of the COP can afford, including the Russians to stop the flow of complaints to Strasbourg. Around the same vein in the meeting, the COP expressed by representatives of the Presidential Administration, the Ministry of Justice and the General Prosecutor’s Office.
The official request of Deputies is: to review the constitutionality of Article 1 of the Federal Law “On ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms Protocols “, the first and fourth parts of Article 11, paragraph 4 of the fourth paragraph of Article 392 of the Civil Procedure Code, parts 1 and 4 of Article 13, paragraph 4 of Part 3 of Article 311 of the Arbitration Procedure Code, parts 1 and 4 of Article 15, paragraph 4 Part 1 of Article 350 of the Administrative Code, paragraph 2 of the fourth paragraph of Article 413 of the Criminal Procedure Code, paragraphs 1 and 2 of Article 32 of the Federal Law “On international treaties of the Russian Federation”.
The judges themselves the Constitutional Court did not ask questions representatives of the authorities. “The court will take a decision in closed session, and the date of its announcement, you will be announced later,” – said the chairman of the Constitutional Court Valery Zorkin.
Natalia Kozlova Read more on http://www.oilru.com/news/467821/
Источник: Rossiyskaya Gazeta
No comments:
Post a Comment