Implementation of the European Court of Human Rights judgments to the Russian legal order

Abstract

The thesis is a review of the implementation of the judgment of the European Court of Human Rights on the legal order of the Russian Federation; an exploration of interaction of the Russian government authorities and judges with the European Court and the Council of Europe; an illustration of the efforts of the Russian authorities for improving the quality of law according to the Conventional standards. The European Court’s case-law could bring a positive impact to national legislation and start of reforms for achieving a greater protection and promotion of human rights and fundamentals freedoms. The increasing implementation of the Court’s jurisprudence could be considered as proof of thise integration of the Russian legal order into the international judicial community. A lot of steps have already been taken and progressively carried out by the Russian authorities in order to ensure the implementation of the Court’s rulings, their conduct and approach, the regulations created and the practice developed to this end. The Russia today has made a priority to decline the flow of compliance to the European Court of Human Rights, modernizing and improving the legal system. In May 2011, the President of the Russian Federation signed an executive order on monitoring the enforcement of laws. The enforcement of the European Court of Human Rights judgments that require the adoption, amendment or abolition of laws and other norms and regulations would be analyzed. This Law is example of the value of the European Court’s jurisprudence for the Russian Federation. Respect for the law and protection of individuals lawful rights and interests is not possible without effective courts and court proceedings. There have been positive changes in the judicial arrangement in civil proceedings, arbitration and criminal proceedings during the last years. 3 Still, these problems in judicial system exist till now. For achieving significant results in the implementation it is necessary to establish cooperation between all the members of the process. This is a great challenge for Russia to establish a constructive dialogue with the Council of Europe through the Council of Europe’s tools and Conventional’s standarts, to elaborate on the interaction and cooperation following the judgments delivered by the Court in respect to the Russian Federation and to use experience of the other Member States for solving systematic problems in judicial system of the Russian Federation.