Re Review of Constitutionality of Article 1 of the Federal Law “On Ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms and Protocols Thereto”

Abstract

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Article 46 — Obligation to execute European Court of Human Rights judgments — Constitutional review of provisions of Russian law on execution of European Court of Human Rights judgments — Whether European Court of Human Rights judgments incompatible with Constitution of the Russian Federation can be executed — Hierarchy of legal sources under Constitution — Whether Constitution having supreme legal force — Article 15 of Constitution

Relationship of international law and municipal law — Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Article 31 — European Convention on Human Rights, 1950 — Article 46 — Obligation to execute European Court of Human Rights judgments — Whether non-compliance with rules on treaty interpretation exempting State from obligation to execute judgment — Provisions of internal law regarding competence to conclude treaties — Whether subsequent interpretation incompatible with “rules of fundamental importance” exempting State from obligation to execute judgment — The law of the Russian Federation