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European Court of Human Rights decisions may become invalid in Russia

Published time: December 24, 2013 12:07
Edited time: December 24, 2013 17:39
Evgeny Fedorov (RIA Novosti/Ruslan Krivobok)

Evgeny Fedorov (RIA Novosti/Ruslan Krivobok)

A Duma MP from the "United Russia" party has suggested canceling the superiority of international rules of law over national legislation. The lawmaker intends to propose the change for consideration during the spring session of the State Duma.

To carry out the move, it is necessary to exclude the wording, “according to generally accepted principles and rules of international law”, from the current legislation on Russian constitutional courts, the lawmaker, Evgeny Fedorov, said, as quoted by the Izvestia newspaper.

“The Russian Constitution not only refers to the existence of ‘generally accepted’ norms and principles, but also – contrary to other countries’ constitutions – incorporates them into the national legislative system and gives them priority over national law. Only constitutions in Austria and Germany have such wording in their legislation which appeared there following the defeat of the countries in WWI and WWII and fixed sovereign limitations for the two states,” Fedorov indicated.

“The borrowing of these points for the Russian Constitution directly links it with the fact of defeat which is inadmissible,” the lawmaker stressed.

Moreover, Mr Fedorov contended that there are no transparent and objective conditions and procedures to establish some norms and principles as “generally accepted”.

“We introduce the amendments to Constitutional court law, so that Russia’s Constitutional Court won’t be ruled by international legislation on Russian territory,” Fedorov said.

“Not all the international norms should be arbitrarily obeyed,” the first deputy head of the committee of the constitutional legislation, Alexander Ageev, agreed, referring to homosexual marriages that, according to him, will not be accepted by Russian society.

However, the point about homosexual marriages can hardly be referred to as a “generally accepted” norm, as they are legalized in less than 20 countries across the globe, the RBC.ru website concluded.

In such a way, the authorities are trying to avoid implementing decisions taken by the European Court of Human Rights, the deputy head of the committee for constitutional legislation, Vadim Solovyov (Russia’s Communist Party), said.

“The Russian government voluntarily signed the convention, according to which decisions taken by the ECHR are applicable to the whole of Russia - no one pressed us to do that,” Solovyov stated.

The agreement has become cumbersome and the government wants to abandon it because the ECHR often takes its decisions in favor of those who complain about the Russian government’s actions, the lawmaker added.

The points in the Russian Constitution that refer to the “generally accepted” norms and principles of international law aren’t universal for other states’ constitutions. In the Russian Constitution, those “generally accepted” norms and principles are mentioned six times – this is the highest number in the world, except for the Georgian Constitution.

Comments (24)

 

Masha from Russia 27.03.2014 02:34

If the proposed change comes into force, it will first of all reflect on ordinary people, who will not have the opportunity to go to the ECtHR. For a great number that is the only way to protect rights, especially concerning conditions of detention and unlawful arrests. In the absense of that wording this will be the next step in opening the gates to totalitarism (open one, not latent which already exists). Following the situation with Lenta.ru main editor...
The solution in finding the balance between sovereignty and ECHR influence should be found in other way.

 

Nussiminen 17.01.2014 21:32

Alexander Deni 29.12.2013 16:05

Human Rights courts are bullshit anyways. What a farce. Also that arrogant proclaim, "human rights", they know nothing of right and justice.

  


We stern kangaroo courts should be held in utter contempt along with the self-styled "International Community" bankrolling them, But keep in mind that Soros and his ilk actually do have a sense of right and justice knowing -- as do most other people -- what's in their interest and what's not. On this basis, verdicts such as "flawed", "ineffective&qu ot;, "hypocritical&q uot; etc. miss the point. It's class justice at its finest.

 

Alex Mankovsky 17.01.2014 01:22

Russia persecutes religious minorities and contrary to its own constitution favors the Russian Orthodox church which is full of former KGB agents. Russia should stop labeling minority Christian groups originating in the West as "cults" and "sects" and stop favoring the corrupt Orthodox Church.
But as Russians say "Fish rots from the head". If the head is stinky that means the rotting already started. Russian government is corrupt with Mr. Putin as the head. What human rights? Russia is exiting the ECHR agreement because most of the human right abuse suits are against Russia or other ex-USSR countries. It costs $$$.

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