Precedents of the European Court of Human Rights and Problems of Implementation of the Principle of Presumption of Innocence

Abstract

The Constitution of the Russian Federation of 1993 not only provided the right for and guarantee of judicial protection of the rights and freedoms but also indicated that mentioned freedoms can be protected in international judicial bodies guarding human rights if several conditions are met.
In the article provisions of the Russian Constitution, European Convention on human rights, the practice of the Russian Constitutional Court and of the European Court of human rights are analyzed. In the analysis the author dwells on different aspects of the protection of human rights and judicial proceedings on the basis of the aforementioned items. Such notions as just judicial proceedings and the principle of presumption of innocence are being emphasized.
The author concludes that national courts should pay more attention and look more closely at the practice of the European Court of human rights as numerous judges’ mistakes, which this Court has to correct are, first of all, breaches of the national laws and only after that they are a contradiction to the practice of the European Court of human rights.