Context

The President of the European Court of Human Rights (ECtHR) welcomed the position of the Supreme Court (SC) of the Russian Federation, which established the priority of the Strasbourg Court for the courts of the Russian Federation when considering cases related to the protection of human rights. “By giving priority to the practice of the European Court, the Supreme Court of the Russian Federation thereby determined the importance of the ECHR as a guarantor of the general sphere of protection of human rights and freedoms. We are proud of this, especially considering the path we have traveled,” said the head of the ECHR, Dean Shpilman, at the opening of the judicial year.

As the Supreme Court of the Russian Federation explained to Kommersant, we are talking about the resolution of the plenum of the Supreme Court of June 27, 2013 “On the application by courts of general jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and the protocols thereto.” The document notes that “in order to effectively protect human rights and freedoms, the courts take into account the legal positions of the European Court set out in final decisions... if the circumstances of the case before it are similar to the circumstances that became the subject of the analysis and conclusions of the European Court.” “The content of the rights and freedoms provided for by the legislation of the Russian Federation must be determined taking into account the content of similar rights and freedoms revealed by the European Court when applying the convention and its protocols,” the resolution also notes. "To draw the attention of the courts to the fact that decisions, actions (inaction) of state authorities, local governments, officials... must comply not only with the legislation of the Russian Federation, but also with generally recognized principles and norms of international law, international treaties of the Russian Federation, including the convention and its protocols as interpreted by the European Court,” the decision says. Interfax, Nikolay Sergeev

The President of the ECHR welcomed the ruling of the Russian Supreme Court