Once more on recognition of the case-law of the European Court of Human Rights as the source of the Russian legal system

Abstract

The purpose of the present article is to consider validity of “modern approaches to the case-law of the European Court of Human Rights as a source of the Russian legal system” forwarded by advocates of “an overcoming a lag of the domestic doctrine of international law ”.
The author of this article proceeds from the fact that even the constitutive treaty of the European Court of Human Rights – Convention for the Protection of Human Rights and Fundamental Freedoms (known as “European”) – extends the jurisdiction of the Court to the matters concerning the interpretation and application of the Convention and the protocols (Article 32 p. 1). Article 46 (p. 1) demands from the participating states to abide and execute only the final judgments of the Court to which they are parties. However this wording contradicts the Russian ratification law, which invokes the older version of this article without amendments, introduced by Protocol No 11. Thus, there’s collision between the said Russian Federal ratification law and corresponding provision of the effective text of the Convention.
Though it should also be stressed that the Constitution of the Russian Federation (Article 15 p. 4) determines that should an international treaty of Russia establish rules other than those established by law, the rules of the international treaty shall apply.