On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 14, 2015 No. 21-P

On the case of check of constitutionality of provisions of article 1 of the Federal law "About Ratification of the Convention on Human Rights Protection and Fundamental Freedoms and Protocols to It", Items 1 and 2 of article 32 of the Federal law "About International Treaties of the Russian Federation", parts one and the fourth Article 11, item 4 of part four of article 392 of the Civil Procedure Code of the Russian Federation, parts 1 and 4 of Article 13, item 4 of part 3 of Article 311 of the Arbitral Procedure Code of the Russian Federation, parts 1 and 4 of Article 15, item 4 of part 1 of article 350 of the Code of administrative legal proceedings of the Russian Federation and Item 2 parts four of Article 413 of the Code of penal procedure of the Russian Federation in connection with request of group of deputies of the State Duma

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of group of deputies of the State Duma - the deputy of the State Duma A. G. Tarnavsky, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the chairman of committee of the Federation Council on the constitutional legislation and the state construction A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (the part Item "and" 2) Constitutions of the Russian Federation, the subitem "an" of Item of 1 part one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 84, 85 and 86 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of provisions of article 1 of the Federal law "About Ratification of the Convention on Human Rights Protection and Fundamental Freedoms and Protocols to It", Items 1 and 2 of article 32 of the Federal law "About International Treaties of the Russian Federation", parts one and the fourth Article 11, of item 4 of part four of article 392 of the Civil Procedure Code of the Russian Federation, parts 1 and 4 of Article 13, of item 4 of part 3 of Article 311 of the Arbitral Procedure Code of the Russian Federation, parts 1 and 4 of Article 15, of item 4 of part 1 of article 350 of the Code of administrative legal proceedings of the Russian Federation and Item 2 parts four of Article 413 of the Code of penal procedure of the Russian Federation.

Reason for consideration of the case was the request of group of deputies of the State Duma. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed in legislative provision request.

Having heard the message of the judge-speaker S. P. Mavrin, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Foreign Affairs of the Russian Federation - G. V. Kuzmina, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Federal Law of March 30, 1998 "About ratification of the Convention on human rights protection and fundamental freedoms and Protocols to it" the Russian Federation ratified No. 54-FZ signed earlier, on February 28, 1996, the Convention on human rights protection and fundamental freedoms and number of Protocols to it. At the same time, in particular, as it is specified in article 1 of the called Federal Law, the Russian Federation according to article 46 of this Convention recognized ipso facto and without special agreement jurisdiction of the European Court of Human Rights obligatory concerning interpretation and application of the Convention and Protocols to it in cases of expected violation of provisions of these contractual acts by the Russian Federation when expected violation took place after their introduction in action concerning the Russian Federation.

According to article 32 of the Federal Law of July 15, 1995 No. 101-FZ "About international treaties of the Russian Federation" the President of the Russian Federation and the Government of the Russian Federation take the measures aimed at providing accomplishment of international treaties of the Russian Federation (Item 1); federal executive bodies and authorized organizations which competence the questions regulated by international treaties of the Russian Federation enter provide accomplishment of obligations of the Russian Side under agreements and implementation of the rights of the Russian Side following from these agreements and also watch accomplishment by other agreement parties of their obligations (Item 2).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info