E.N. Kuznetsov , 

Candidate of Legal Sciences, Associate Professor of Civil Procedure 

of the Ural State Law University 

The article examines issues the interpretation of the legal positions of the Constitutional Court of Russia concerning practice of the European Court of Human Rights. ECHR, by the logic of the Constitutional Court considers that the specific means by which will be fulfilled the legal obligation of execution of decisions of the ECHR, selected by the Respondent state, provided that these funds will be consistent with the findings of the ECtHR in the relevant resolution. To resolve issues of interpretation and application of domestic legislation should the national authorities, namely the judiciary. It appears that this logic of reasoning required by the Constitutional Сourt to justify its relevance to this main issue – the imposition of restrictions on the enforceability of the decision of the ECHR in Russia, caused, in fact, political and economic reasons. In this connection it is interesting to observe how the Constitutional Сourt speaks on behalf of the ECHR, suggesting the logic of reasoning, and how political and economic situation of modern Russia (both at national and external level) affect to the legal position of higher courts. It appears that a formal approach, based on the inadmissibility of limitation of state sovereignty, in this case in principle does not apply because, first, the question needed to be asked at the time of signing the international Treaty and its subsequent ratification, and secondly, the speech must be about the substantial aspect – what is the purpose of the ECHR makes a decision? With the aim of protecting the rights and freedoms of the individual citizen or the implementation of legal-political pressure on Russia in the current international situation? It seems that even the disparity of national rules (constitutional provisions, in particular) to rules of the applicable international Treaty, should not be the cornerstone in the denial of the possibility of execution of the ECHR. Moreover, for many years the Russian authorities were satisfied with the current state of things, and in 2015, the question was raised about limiting the powers of the ECHR. 

Keywords: Constitutional Court; European court of human rights; ECHR. 

Information about the author: 

Kuznetsov E.N. (Ekaterinburg) – Candidate of Legal Sciences, Assistant Professor of of Department of the Civil Procedure of Ural State Law University (620137, Ekaterinburg, Komsomolskaya st., 21, 404 room; e-mail: [email protected]).