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Dr. Anton Burkov

The ECHR and the Case-law of the European Court of Human Rights in the Russian Legal System

Even 11 years after ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms by the Russian Federation, issues of the status of this instrument and the case-law of the European Court of Human Rights in the hierarchy of sources of Russian law, their value for legislator, judges, and litigators are still open for discussion. As the time goes by, disputes on these issues will become more acute then before. To what degree domestic implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms guarantees and interpretations developed by the European Court of Human Rights is possible? In this article its author suggests one of possible ways of dealing with this problem, which, although very arguable, deserves attention.

Status of the Convention; status of European Courts practice; implementation of the Convention by the Courts; rulings against Russia.

by Burkov Anton Leonidovich doctor of laws (Cambridge University), member of the Sutyazhnik society (Ekaterinburg).

ab636 [at] cantab.net

Published in Comperative Constitutional Review ( ). 2009. No 4(71). P. 121-135.

This article in full in PDF formal

11.02.2010

 

 

 

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