Manifestation of Resistance in Constitutional Law (the Case Study of Decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights)

Introduction. The article is devoted to the analysis of conflicts between the interpretation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the context of a particular problem and how the resistance of national legislation to acts of an international character is manifested. Theoretical analysis. The article deals with decisions concerning the promotion of information about homosexual preferences to minors, which, in the opinion of the Constitutional Court, may harm their development. The European Court considers that this restriction is a kind of violation of the rights and freedoms of sexual minorities. Also, a resolution was adopted, according to which the provisions of the Constitution of the Russian Federation are priority in relation to acts of an international character. In this regard, the Constitutional Court in its response decision declared it impossible to implement the decision of the European Court of Human Rights to award compensation by the Russian Federation to the YUKOS company. Conclutions. The following conclusions are presented. Despite the opinion of the European Court of Human Rights, the Constitutional Court of the Russian Federation, in its decisions, seeks to achieve a compromise between the interests of the majority groups of the country’s population and private individual preferences, as well as a dialogue with the international court of justice on the principle of equal partnership. These components are the basis for the stability of our legislation and our values, since, on the one hand, it does not allow harmful acts of a normative nature to penetrate and take hold, and, on the other hand, it preserves the democratic essence of Russian law. To implement the above in real life, we recommend the following: 1) adhere to and seek a balance between different systems of values, 2) justify at the level of theory and introduce into legal practice the doctrine of the constitutional identity of the country, based on the interpretation of the basic values of the Russian Federation.