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The applicability decision of the ECHR in legal proceedings

Journal: Advances in Law Studies (Vol.3, No. 5)

Publication Date:

Authors : ;

Page : 211-218

Keywords : supremacy of the Constitution; the Constitutional Court; interpretation; legal positions; Russian legal system; the European Convention on Human Rights; implementation of international law; the European Court of Human Rights;

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Abstract

In modern conditions, changing approaches to the implementation of international law there is both the need and opportunity. The article considers some issues of the relation of national and international law. The legal position about resolution of conflicts of constitutional and conventional interpretations are based on the decision of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Rights. Since 2014 there is a new version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which establishes opportunity to apply to the Constitutional Court against the decision of the ECHR. This provision contains an important mechanism for harmonization the constitutional and conventional interpretation.

Last modified: 2019-12-11 01:05:44