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Putin signs law allowing Russia to declare decisions of ECHR unconstitutional

In mid-July, the Russian Constitutional Court ruled that the ECHR decisions can be executed in Russia only if they do not contradict the country’s Constitution
Russia's President Vladimir Putin during a meeting with Russian Constitutional Court judges Mikhail Metzel/TASS
Russia's President Vladimir Putin during a meeting with Russian Constitutional Court judges
© Mikhail Metzel/TASS

MOSCOW, December 15. /TASS/. Russian President Vladimir Putin has signed the law on Tuesday amending the Federal Law "On the Constitutional Court of the Russian Federation." According to the document, the Russian Constitutional Court is allowed to declare decisions of international courts, first of all, the European Court of Human Rights (ECHR) unenforceable, if they contradict the Russian Chumantitution.

The amendments suggest that "at the request of a federal executive power body with the competence for the protection of Russian interests during the consideration at an interstate body for the protection of human rights and freedoms of complaints filed against the Russian Federation on the basis on an international agreement, the Russian Constitutional Court solves the question of the possibility of the execution of the decision of the interstate body for the protection of human rights and freedoms." In particular, the Russian president and government are vested with the competence of filing such requests with the Constitutional Court.

If the Russian Constitutional Court makes a decision on the impossibility of execution of the decision of an interstate body for the protection of human rights and freedoms in general or in part, any actions aimed at the fulfilment of the relevant decision in Russia cannot be taken.

In mid-July, the Russian Constitutional Court ruled that the ECHR decisions can be executed in Russia only if they do not contradict the country’s Constitution.

The Constitutional Court said in its ruling that in most cases there is no conflict between the Russian Constitution and the Human Rights Convention, However, if a conflict emerges and the ECHR interpretation contradicts the Russian Constitution, Russia will have to refuse from strict compliance with the ECHR decision.