On the mountain of the Strasbourgui

The State Duma adopted immediately in the second and third readings a bill on the establishment of a Constitutional Court to “recognize it as impossible” the execution of decisions of international courts in Russia. This was reported by deputy Dmitry Gudkov.

Three deputies voted against the bill - Gudkov himself, Sergey Petrov and Ilya Ponomarev. He is located abroad, but handed over his card for voting to Gudkov by proxy. Valery Zubov did not participate in the vote. 436 State Duma members voted for the document.

On Tuesday, the bill was adopted in the first reading . The same three deputies voted against.

According to the explanatory note, the bill was developed in the implementation of the Constitutional Court of July 14. It is aimed at the implementation of the powers of the federal legislator to foresee ... a special legal mechanism for resolving the issue of the possibility or impossibility of the principles of supremacy and the highest legal force of the Constitution of the Russian Federation to fulfill the decree made on a complaint against Russia. "

The authors of the initiative were a member of the Sofet of the Federation Andrei Klishas and deputies from all fractions - Vladimir Pligin (ER), Mikhail Emelyanov (SR), Alexey Didenko (LDPR) and Vasily Likhachev (Communist Party). On November 18, the bill was submitted to the State Duma . On November 26, the State Duma Committee on Constitutional Law and State Building recommended that the document be accepted in the first reading.

In the decision adopted on July 14, the Constitutional Court stated : "Russia, by exception, may deviate from the fulfillment of obligations assigned to it, if such a retreat is the only possible way to avoid violation of fundamental constitutional principles."

At the same time, the KS confirmed that Russia remains in the jurisdiction of the ECHR. "Everyone has the right to apply to international courts for protecting their rights, and the Russian Federation is ready to execute ratified international treaties," the decision says.

On July 16, the chairman of the Parliamentary Assembly of the Council of Europe Ann Brasser said that the decisions of the Strasbourg Court entail legal obligations for each state of the European Convention on Human Rights. “I am very preoccupied with the adopted decision of the Constitutional Court of Russia,” said Brasser. “Already, Russia is one of the countries where the highest number of unfulfilled decisions of the Strasbourg Court.”

The Russian authorities did not ensure the full performance of almost 1,500 ECHR decisions, the chairman of PACE noted. Many of these cases relate to "serious violations of human rights or complex structural problems." There can be no "electoral approach" to the implementation of the resolutions of the ECHR, as this undermines the foundations of the European Convention on Human Rights, Brasser emphasized.