The article focuses on the characteristics of the European Court of Human Right (ECHR) judgments “inside” the national legal systems (in the case of the Russian Federation). The author discusses the effect of these judgments on national law, distribution of powers for their execution among different branches of government, as well as the legal conditions of their execution, coming from the necessity to take both national law and constitution into account. The author concludes that the ECHR judgments are often attributed the same features as domestic court decisions. This approach leads to unsolvable difficulties, inter alia - rejection to execute ECHR judgments, which in turn raises the accusations of non-execution of international obligations by the State. To step over these difficulties the author suggests executing ECHR judgments in a way that works for legal principles: not in an all-or-nothing manner, but to the maximum extent possible correlating them with the requirements of other legal acts in the national legal systems.
|Publication status||Published - Jun 2019|