European Court of Human Rights

International judiciaries as subjects of supranational specialized control activities

Introduction. In the context of the rapidly changing geopolitical situation in the world, the issue of increasing efficiency of interstate interaction within the framework of the functioning of international universal and regional organizations seems to be very relevant. Theoretical analysis. The authors prove the legitimacy of highlighting the control function as one of the main functions in the activities of international judicial subjects, the purpose of which is to protect natural law, law and preserve the principles and norms of international legal relations, including when considering disputes about the compliance of the domestic legislation of the participating countries with international agreements, which they have undertaken to comply with. Empirical analysis. The study provides a critical analysis of international jurisprudence, primarily containing the construction of the “European consensus”, which is a powerful lever of judicial activism and implies the exclusion of the possibility of applying the doctrine of freedom of appreciation of states that are parties to international agreements. Results. Consideration of international judicial subjects through the prism of the proposed scientific approach led to the conclusion about their leading role in the mechanism of protection of international treaties as an independent subject of specialized control activities, as well as their significant impact on the processes of state sovereignization and international globalization.

 Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4
The Practice of Protection Against Discrimination in the Decisions of the European Court of Human Rights

This paper examines the case law on the prohibition of discrimination by the European Court of Human Rights. It is noted that the decisions taken in respect of the principle of non discrimination the practice of the Russian authorities.

 Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1
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.

 Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 4