This book is based on a dissertation submitted in 2004 for
the LL.M degree in International Human Rights Law at the University of Essex.
While working on the dissertation under the supervision of Professors
Françoise Hampson and Kevin Boyle, I considered the possibility of publishing it
in both Russian and English. Once completed, the dissertation was first
transformed into a training aimed at lawyers and human rights
activists in Russia, on the exhaustion of domestic remedies and implementation
of the European Convention on Human Rights in Russian courts. The training was
followed by a book, The Implementation of the European Convention of Human
Rights in Russian Courts, published in the Russian language.
This became the sixth volume in a book series established in 2001 by the Urals
Centre for Constitutional and International Human Rights Protection (a project
of the NGO Sutyajnik).
The English language edition of the book focuses on the
impact that the European Convention on Human Rights (the Convention) has
produced as a result of its application within the Russian Federation’s courts.
The study examines the national status of international law within the Russian
legal system, focusing on the status of the Convention. It identifies the legal
mechanisms of the Convention’s implementation in Russian court decisions;
contains analysis of Russian courts’ jurisprudence regarding both the direct
application of the Convention and, more importantly, the case-law of the
European Court of Human Rights; and assesses the possible obstacles to
the domestic implementation of the Convention.
The contributions of many people and institutions made
possible the publication of this volume. My most significant intellectual debt
is to my dissertation supervisors, Professors Françoise Hampson and Kevin
I am also grateful
to the British Council for granting me a Chevening Scholarship (2003-2004),
under which I pursued my LL.M degree in International Human
Rights Law and carried out much of the research for this book.
This research would not have been possible without the
extensive help of my colleagues at the NGO Sutyajnik (Russia), particularly its
president Sergey Beliaev, and its staff attorneys, Anna Demeneva, Ludmila
Churkina, and Natalia Ermilova. I dedicate this book to them. I am particularly
indebted to Sergey Beliaev for his insightful comments, for giving me an
opportunity to test the findings of this book in practice, and for his moral
support. I also deeply appreciate the invaluable comments of Vladislav Bykov,
the former staff attorney of the Glasnost’ Defence Foundation; Marjorie
Farquharson, an independent consultant specializing in research on human rights
and institutional development in the former USSR; Ilya Poluyakhtov, an associate
at the Linklaters CIS law firm; Kirill Koroteev, a research fellow at the
University of Paris 1; Sneh Aurora, national institutions programme
officer at Equitas; and Evgenii Finkov, President of the
Rostov region non-governmental organization “Trudy i Dni.”
In the course of this research the website “Studying the
European Convention” was created and has since proven useful to human rights
activists and students alike.
This online project would not be possible without the informational and
technical support of the Urals Centre for Constitutional and International Human
Rights Protection. I also express my gratitude to other NGOs and educational
institutions for their informational support of this online resource.
I am grateful to
my supervisor at the University of Cambridge, Professor David Feldman, for his
support while I edited this book.
I also wish to
thank the Cambridge Overseas Trust for providing the financial assistance that
allowed me to adapt my thesis for publication.
I am grateful to
Dr. Andreas Umland, the editor of the book series, Soviet and Post-Soviet
Politics and Society, for his offer to publish my dissertation, for his
collaboration on many different publications, and for his patience.
No words can
express my gratitude to and admiration for the members of my extended family who
have supported my ideas and projects throughout my human rights and research
would not have been possible without the proofreading assistance provided by my
friend William Anspach, a partner with Friedman & Wolf, and Valerie Sperling, an
associate professor at Clark University, who became my friend in the course of