Democracy in law or democracy in fact: the importance of effective criminal procedural rights for the development of democracy in Russia

Abstract

This thesis examines the impact of the European Convention on Human Rights in the Russian Federation. Since the Convention was ratified fifteen years ago, it is interesting to look at the changes it has brought in the Russian legal system. The thesis focuses on the implementation of Criminal Procedural rights in the Russian legal system. The author will argue that although changes are slow to come, the European Convention on Human Rights has already greatly influenced the Russian legal system. Unfortunately, the current discrepancy between the theory of the law that was developed in the European Court on Human Rights, which has reached the Russian Constitutional Court, and the practical and effective protection of criminal procedural rights prevents individuals from being adequately protected daily. This thesis will therefore attempt to point out various elements in the Russian legal system detrimental to the protection of Criminal Procedural rights.