Perm University Herald. Juridical Sciences. 2017. Issue 4 (38)

К. M. Khudoley,
Perm State University

Introduction: the article analyzes the relationship between the enforcement of the decisions of the European Court of Human Rights (ECtHR) and those of the Constitutional Court of the Russian Federation. Purpose: to examine the provisions of the federal legislation on the refusal to implement the ECtHR decisions, as well as the decisions of the constitutional courts concerning the place of the ECtHR judgments in national legal systems; to substantiate the illegality of the complete refusal to comply with the ECtHR decisions by the states being parties to the European Convention on Human Rights (ECHR). Methods: the methodological framework of the study is based on a set of methods of scientific cognition, including the dialectical method and general scientific methods (analysis, synthesis, induction and deduction). The author also uses some specific scientific methods (formal-legal, comparative law). Special attention is paid to comparative and system research methods. Results: the complete refusal to execute the ECtHR judgments contradicts the constitutional rights of citizens to judicial protection and the fundamental principle of international law pacta sunt servanda. Constitutional control over the decisions of the ECtHR not only means the conditional nature of the provisions of part four of Article 15 of the Constitution of the Russian Federation, but also stipulates the incursion of the Constitutional Court of the Russian Federation into the competence of the ECtHR on the interpretation of the provisions of the ECHR. Conclusions: the complete refusal to implement the decisions of the ECtHR in respect of measures of an individual nature (including payment of monetary compensation) in the territory of Russia is unacceptable. It seems to be correct that the competent state authorities can look for alternative ways of implementing the ECtHR judgments through the Constitutional Court of the Russian Federation performing constitutional interpretation or adjustment of the constitutional meaning of the normative act previously recognized as incompatible with the ECHR by the ECtHR decision and, also, through changing the subordinate regulation.