Contents
List of
Appendices
8
Foreword
by
Françoise Hampson
9
Preface
13
Introduction
19
I
The Mechanism by which the Convention Is Implemented
by Russian Courts
23
1) The
Russian Constitution and Federal Legislation
on the Domestic Status of the Convention
23
2)
Legislation and Subordinate Law on the Mechanism
of the Convention’s Implementation
26
II
Assessment of the Convention’s Implementation in Courts
of Different Levels and Jurisdictions
33
1) The
Constitutional Court of the Russian Federation
35
2)
Constitutional (Charter) Courts of the Subjects
of the Russian Federation
44
3) The
Courts of General Jurisdiction
(“Ordinary”
Courts) 46
The Supreme
Court of the Russian Federation
46
District
and High Courts 52
4)
Arbitration (Commercial) Courts
66
III
Assessment of the Obstacles to Domestic Implementation
of the Convention and Proposed Means to Overcome Them
69
1)
Impartiality 69
2)
Professionalism
72
3)
Motivation 78
Conclusions 83
Appendices
87
Bibliography 137
About
the Author
151
List of Appendices
1)
Statute of the Council of Europe (extract)
87
2)
Convention for the Protection of Human Rights and Funda-
mental Freedoms as amended by Protocol no. 11 (extract)
88
3)
Recommendation Rec(2004)4 of the Committee of Ministers
to member states on the European Convention on Human
Rights in university education and professional training
89
4)
Recommendation Rec(2004)5 of the Committee of Ministers
to member states on the verification of the compatibility of
draft laws, existing laws and administrative practice with
the standards laid down in the European Convention
on Human Rights
97
5)
Recommendation Rec(2004)6 of the Committee of Ministers
to member states on the improvement of domestic remedies
105
6) The
Constitution of the Russian Federation (extract)
114
7)
Federal Constitutional Law of the Russian Federation
no. 1-FKZ
of 31 December 1996 On the Judicial System
of the
Russian Federation (extract) 119
8)
Federal Law of the Russian Federation no. 101-FZ of
15 July 1995 On the International Treaties of the
Russian Federation (extract) 120
9)
Federal Law of the Russian Federation no. 54-FZ of
30 March 1998 On Ratification of the Convention for the
Protection of Human Rights and Fundamental Freedoms
and Protocols Thereto 122
10)
Regulation no. 5 of 10 October 2003 Adopted by the Plenum
of the Supreme Court of the Russian Federation On the
Application by Courts of General Jurisdiction of the
Generally recognized Principles and Norms of
International Law and the International Treaties
of the Russian Federation
124
11) Internet-site “Studying
the European Convention” 135 |