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The European Court of Human Rights and Russian Electoral Legislation: Common Ground and Vectors of Development

https://doi.org/10.26794/2226-7867-2020-10-2-18-23

Abstract

The activities of the European Court of Human Rights are a guarantee of the rights and freedoms of man and citizen, including active and passive suffrage. The relevance of this paper is due to the adoption by the deputies of the State Duma the draft law introducing the amendment to the Constitution of the Russian Federation — “On improving the regulation of certain issues of public authority organization”. It envisages introducing into the Constitution of the Russian Federation a provision on the possibility of non-enforcement by Russia of decisions of interstate bodies in interpretation contrary to the Constitution. It again gave to doubt the need Russia execution of judgments of the European Court of Human Rights rise to scientists and members of the public.vThe purpose of this study is to examine the impact of decisions of the European Court of Human Rights on the development of Russian election law. As research methods, the methods of formal logic were used: analysis and synthesis, analogy, general scientific methods: a structural and systematic approach, as well as private, scientific methods: an interpretation method and modelling. Based on the results of the study, the author concluded that there is the need to continue the implementation of the decisions of the European Court by the Russian Federation, to take into account legal positions not only concerning Russia, but also in relation to other states if similar legal structures are used in the legislation, and also about the need to amend the electoral legislation. 

About the Author

Yu. E. Kurilyuk
Financial University
Russian Federation

Cand. Sci. (Law), Associate Professor, Department of Legal Regulation of Economic Activity

Moscow



References

1. Zorkin V.D. The limit of concessions. Rossiiskaya gazeta. 29.10.2010. No. 246(5325). (In Russ.).

2. Kovler A.I. European Convention: problems of interpretation and implementation: monograph. Moscow: IZiSP, Norma, INFRA‑M$2019. 400 p. (In Russ.).

3. Smirnov A.M. Active suffrage for persons deprived of their liberty. Ugolovno-ispolnitel’ naya sistema: pravo, ekonomika, upravlenie. http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=CJI&n=120327#01475812134224317. (In Russ.).

4. Krasinskii V.V. Legal positions of the Constitutional Court of the Russian Federation on the issues of restricting the rights of Russian citizens to participate in elections due to the presence of foreign citizenship or residence permit in the territory of a foreign state. Sovremennoe pravo. 2011;(6):46–52. (In Russ.).


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For citations:


Kurilyuk Yu.E. The European Court of Human Rights and Russian Electoral Legislation: Common Ground and Vectors of Development. Humanities and Social Sciences. Bulletin of the Financial University. 2020;10(2):18-23. (In Russ.) https://doi.org/10.26794/2226-7867-2020-10-2-18-23

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ISSN 2226-7867 (Print)
ISSN 2619-1482 (Online)