On December 6, the Constitutional Court of the Russian Federation issued a precedent decision. Now, in cases where the European Court of Human Rights in Strasbourg issues a verdict that contradicts Russian laws or decisions of the Constitutional Court, the latter will itself explain how such a decision of the ECtHR should be implemented. The Constitutional Court placed itself above the European Court of Human Rights?
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The situation is very funny. It is impossible to read this resolution - it is cunningly written, and the complexity of the wording arose because the Constitutional Court only needed to save face - so that no one would understand anything.
But I will work as a translator. The story is like this. At one time, before applying to the ECHR, Konstantin Markin, a retired officer and a father of many children, to whom the Leningrad court refused to grant parental leave (relying only to military women. - The New Times), wrote a complaint to the Constitutional Court, and that nothing found nothing unconstitutional in his case. Then he filed a complaint with Strasbourg. They answered that the principle of equality in the family cannot be violated, that is, the decision of the Constitutional Court is unfair. The Chairman of the Constitutional Court Valery Zorkin was offended and spoke out with sharp criticism. At the same time, conversations began about which was higher - the Constitution or international treaties. Nevertheless, the decision of the Grand Chamber of the ECtHR came into force. The Constitutional Court ruled as follows: now that the decision of the ECtHR has been adopted, it is required that Markin once again apply to the Constitutional Court, which once again considers the question of the constitutionality of the challenged norm. But even if it is again recognized as constitutional, the Constitutional Court can indicate how to do so in order to nevertheless implement the Strasbourg decision regarding Markin. That is, the fact that the new decision will not run counter to the decision of the ECHR is written very clearly there. Konstantin Markin himself considered this decision positive for himself. It turned out that they saved face, and did not quarrel with Europe, and Markin will be fine.