Bastrykin proposed to abandon the priority of international law – RBC

Bastrykin proposed to abandon the priority of international law – RBC

Chairman of the TFR Alexander Bastrykin

Photo: TASS

The Chairman of the TFR Alexander Bastrykin proposed to exclude from the Constitution to” the unconditional priority of international law over national law. ” This is stated in the report of the head of TFR published on the site office.

Bastrykin noted that in other countries, unlike Russia, “a more flexible mechanisms”. “And experience shows (especially international events of the last time) that this provision works against the interests of Russia, skillfully used by Western opponents,” – says the head of TFR.

This situation Bastrykin also called “sabotage of legal regulation.” He suggested that their removal “to strengthen the independence of the Russian Federation in the legal field, it will return to the best traditions of domestic proceedings».

This idea has already received negative reviews. In particular, the head of the Presidential Council on Human Rights Mikhail Fedotov described the initiative as untimely. “It can be done. To implement this idea, it is necessary to adopt a new Constitution. I think that now is not the time to do it, “- said Fedotov Interfax.

Against and were members of the Moscow Helsinki Group. The head of the organization, Ms. Alexeyeva stated that it would be “a step back in time, step in the isolation».

The rule of international law enshrined in Article 15 of the Constitution of the Russian Federation: “The generally recognized principles and norms of international law and international treaties the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation stipulates other rules than those stipulated by law, the rules of the international treaty ».

In August 2014, Vladimir Putin during a meeting with representatives of the Duma faction in Yalta declared that Russia may withdraw due under the jurisdiction of the European Court of Human Rights (ECHR), if he will continue to make decisions that the Russian authorities consider politicized. Prior to this, in July, the ECHR ordered Russia to pay € 1,86 bln complaint Yukos shareholders – this is the biggest payout in the history of the court. Russia appealed against this decision.

Recently Bastrykin made several initiatives relating to Russian legislation. In early December 2014, he called to prosecute traders in the currency market, the activity of which is subject to the article on market manipulation and insider trading. Then he proposed to use against currency speculators are already available in the Criminal Code article “Market Manipulation” (st.185.3) and “misuse of insider information” (st.185.6). Then he proposed to amend the Criminal Code a number of amendments, in particular in the above article that will include insider trading and market manipulation in the monetary sphere as an aggravating circumstance.

Prior to this, the head of TFR forward the initiative to introduce the institute forfeiture full. “Huge states that stolen and criminally obtained invested in property assets. Eight years we go to the State Duma and ask: Let’s go Institute confiscation. In its entirety, as it was before: stole – Back Money Stolen. Please tell me what’s wrong? “- Then said Bastrykin.