The Role Of Echr Decisions In Russian Criminal Proceedings

Abstract

The article is devoted to the influence of the decisions of the European Court of Human Rights [ECHR] on the criminal procedure legislation of the Russian Federation [RF]. The legal basis for the activities of the ECHR is the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and its Protocols. According to Article 15 of the Constitution of the RF and Article 1 of the Code of Criminal Procedure of the RF, the Convention of 1950 is an integral part of the criminal procedure legislation of Russia and has priority in the event of a conflict of international and national law. However, according to the latest changes that took place in 2020, it is unacceptable to apply the rules of international treaties ratified by the Russian Federation in their interpretation that contradicts the Constitution of the RF. The identification of these contradictions is entrusted to the Constitutional Court of Russia. The study defines the role and place of the ECHR decisions in the system of sources of Russian criminal procedure law; the forms of their use in criminal proceedings in the context of constitutional reform, taking into account the existing gaps in the criminal procedure legislation of Russia; the range of influence of the Constitutional Court of the Russian Federation on the execution of the ECHR decisions and their further implementation in the national criminal procedure legislation.

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Publication Date

20 January 2022

eBook ISBN

978-1-80296-121-8

Publisher

European Publisher

Volume

122

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-

Edition Number

1st Edition

Pages

1-671

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Cite this article as:

Ashirbekova, M. T., Ovchinnikova, N. O., & Nesmachnaya, N. V. (2022). The Role Of Echr Decisions In Russian Criminal Proceedings. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 32-37). European Publisher. https://doi.org/10.15405/epsbs.2022.01.6