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Problems of implementation of the ECtHR' judgment in the practice of Russian Courts

Chepeleva, Marina LU (2010) JAMM04 20101
Department of Law
Abstract
The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention) is the basic European treaty, which was adopted on the 4th of November 1950 by the Council of Europe and came into force on the 3- rd September 1953.
To ensure compliance with international legal obligations assumed by the member states (hereinafter - Contracting Parties) to the Council of Europe, the Convention established the European Court of Human Rights (hereinafter - the ECtHR). The Convention gave the ECtHR jurisdiction to decide “all cases concerning the interpretation and application of the present Convention.”
The Convention for the Protection of Human Rights and Fundamental Freedoms, which came into force in respect of... (More)
The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention) is the basic European treaty, which was adopted on the 4th of November 1950 by the Council of Europe and came into force on the 3- rd September 1953.
To ensure compliance with international legal obligations assumed by the member states (hereinafter - Contracting Parties) to the Council of Europe, the Convention established the European Court of Human Rights (hereinafter - the ECtHR). The Convention gave the ECtHR jurisdiction to decide “all cases concerning the interpretation and application of the present Convention.”
The Convention for the Protection of Human Rights and Fundamental Freedoms, which came into force in respect of Russia on 5 May 1998, is now incorporated into the Russian legal order. It was stated in the declaration made at the time of ratification of the Convention that Russia “recognizes ipso facto and without a special agreement that the jurisdiction of the European Court of Human Rights is obligatory regarding the questions of interpretation and application of the Convention and its Protocols in cases of an alleged violation of these treaties’ provisions by the Russian Federation, when an alleged violation is committed after entry into force of these treaties with respect to the Russian Federation”. Being one of the High Contracting Parties to the Convention, Russia is bound to execute final judgments of the European Court in any case to which it is a party. Similarly, Russia adheres to self-imposed restrictions, and abides by human rights and the principles of the rule of law and democracy.
Therefore, rights and freedoms provided for in the European Convention on Human Rights, since it is an international treaty, and the judgments and decisions of the European Court of Human Rights, in so far as they express generally recognized principles and norms of international law, form an integral part of the Russian legal order. The main goal of this research is to evaluate the impact of the Convention on the Russian legal system, specifically – to evaluate the extent of the implementation of the article 1 of the Protocol 1 to the Convention which provides for the protection of property rights. This goal can be achieved by means of examination of the judicial practice of domestic courts (mainly the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation) in order to define to what extent the article 1 of the Protocol 1 to the Convention (hereinafter – P1-1) and the judicial practice of the ECtHR where the interpretation and understanding of this article is given, are implemented in the practice f Russian Courts.
This thesis consists of three main parts. The first chapter gives description of the process of joining of the Russian Federation the Council of Europe and ratification of the Convention; then the judicial system of the Russian Federation is described along with indication of main features of Soviet judicial system and the influence of the Soviet legacy on the Russian judiciary. Next the question of the place of the Convention and the ECtHR judgments within the structure of national legislation is clarified.
Chapter two gave analysis of the cases on the ground of which the conclusion about the extent of the implementation of the Convention on the practice of Russian Courts has been made. Chapter two also gives reasoning of problems Russian Court face when implementing the Convention and the judicial practice of the ECtHR.
The third chapter gives remedies and recommendations which could improve the implementation of the Convention by Russian Courts.
At the end of the thesis the author makes some concluding remarks. (Less)
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author
Chepeleva, Marina LU
supervisor
organization
course
JAMM04 20101
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law
language
English
id
1698351
date added to LUP
2010-10-22 09:11:26
date last changed
2010-10-22 09:11:26
@misc{1698351,
  abstract     = {The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention) is the basic European treaty, which was adopted on the 4th of November 1950 by the Council of Europe and came into force on the 3- rd September 1953.
To ensure compliance with international legal obligations assumed by the member states (hereinafter - Contracting Parties) to the Council of Europe, the Convention established the European Court of Human Rights (hereinafter - the ECtHR). The Convention gave the ECtHR jurisdiction to decide “all cases concerning the interpretation and application of the present Convention.” 
The Convention for the Protection of Human Rights and Fundamental Freedoms, which came into force in respect of Russia on 5 May 1998, is now incorporated into the Russian legal order. It was stated in the declaration made at the time of ratification of the Convention that Russia “recognizes ipso facto and without a special agreement that the jurisdiction of the European Court of Human Rights is obligatory regarding the questions of interpretation and application of the Convention and its Protocols in cases of an alleged violation of these treaties’ provisions by the Russian Federation, when an alleged violation is committed after entry into force of these treaties with respect to the Russian Federation”. Being one of the High Contracting Parties to the Convention, Russia is bound to execute final judgments of the European Court in any case to which it is a party. Similarly, Russia adheres to self-imposed restrictions, and abides by human rights and the principles of the rule of law and democracy.
Therefore, rights and freedoms provided for in the European Convention on Human Rights, since it is an international treaty, and the judgments and decisions of the European Court of Human Rights, in so far as they express generally recognized principles and norms of international law, form an integral part of the Russian legal order. The main goal of this research is to evaluate the impact of the Convention on the Russian legal system, specifically – to evaluate the extent of the implementation of the article 1 of the Protocol 1 to the Convention which provides for the protection of property rights. This goal can be achieved by means of examination of the judicial practice of domestic courts (mainly the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation) in order to define to what extent the article 1 of the Protocol 1 to the Convention (hereinafter – P1-1) and the judicial practice of the ECtHR where the interpretation and understanding of this article is given, are implemented in the practice f Russian Courts.
This thesis consists of three main parts. The first chapter gives description of the process of joining of the Russian Federation the Council of Europe and ratification of the Convention; then the judicial system of the Russian Federation is described along with indication of main features of Soviet judicial system and the influence of the Soviet legacy on the Russian judiciary. Next the question of the place of the Convention and the ECtHR judgments within the structure of national legislation is clarified. 
Chapter two gave analysis of the cases on the ground of which the conclusion about the extent of the implementation of the Convention on the practice of Russian Courts has been made. Chapter two also gives reasoning of problems Russian Court face when implementing the Convention and the judicial practice of the ECtHR. 
The third chapter gives remedies and recommendations which could improve the implementation of the Convention by Russian Courts. 
At the end of the thesis the author makes some concluding remarks.},
  author       = {Chepeleva, Marina},
  keyword      = {International Human Rights Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Problems of implementation of the ECtHR' judgment in the practice of Russian Courts},
  year         = {2010},
}