This book analyzes the practice of Russia honoring her legal
obligations under the European Convention of Human Rights (ECHR):
to secure to everyone within its jurisdiction the rights and
freedoms defined in the Convention (Article 1 of the ECHR). The
study comes to the conclusion that the impact of the ECHR on the
Russian legal system, in terms of its implementation by domestic
courts, is unsatisfactory. The jurisprudence of the Supreme Court
and Supreme Arbitration Court is an attempt to demonstrate to the
Council of Europe that the ECHR is being applied, rather than to
implement the ECHR. In contrast, the jurisprudence emerging from
decisions of the Russian Federation's Constitutional Court and
district courts indicates a better understanding of the spirit of
the ECHR. Still, the rare instances in which domestic courts
implemented the ECHR were, more often than not, prompted by
applicants' arguments based on ECHR case-law, rather than by the
courts. The book suggests methods of ensuring a more effective
implementation of the ECHR's provisions within Russian national
law. It develops recommendations on how to assess the Russian
government's compliance with judgments of the European Court of
Human Rights, and how to interpret explanations submitted by Russia
to the Secretary General of the Council of Europe on her
implementation of the ECHR.
General
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