The ECHR decision according to the law on gay propaganda will not be executed, said Klishas

© RIA Novosti / Vladimir Fedorenkova in fotoreceptor of the Federation Council Committee on constitutional legislation and state construction Andrey Klishas at the plenary session of the State Duma of the Russian Federation. Archival photoThe ECHR decision according to the law on gay propaganda will not be executed, said Klishas© RIA Novosti / Vladimir Fedorenkova the image Bank

The execution of the decision of the ECHR on Russian law banning gay propaganda, because it would be contrary to the Constitution of the Russian Federation, told RIA Novosti Chairman of the Federation Council Committee on constitutional legislation Andrey Klishas.

The Strasbourg court of human rights considered discriminatory Russian law banning gay propaganda among minors, said the court’s decision, received by RIA Novosti. The court noted that «although the relevant laws are aimed primarily at the protection of minors, these laws were not clearly defined and their application was arbitrary.»

«In the form in which it is stated in the decision of the European court, due to its contradiction of the Constitution it was executed can not be», — said Klishas.

According to him, the decision of the ECHR can lead to the violation of article 29 (part 2) of the Constitution of the Russian Federation, establishing the prohibition of propaganda or agitation arousing social, racial, national or religious hatred and hostility, contrary to article 17 (part 3), according to which the exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of others.

The head of the Committee emphasized that the legislation of the Russian Federation in this field corresponds to the «public morality in its understanding, formed in the Russian society».

«Because the legislative authorization of the public inquiry relates to the powers of the national legislator, the European authorities should refrain from interfering in the internal Affairs of the state», — said Klishas.

According to him, the Ministry of justice should apply to the constitutional court with a request of execution of ECtHR judgments.

«As an example of such solutions can result in similar effects of its execution in the case of the execution of the ECHR judgment of 4 July 2013 on the case «Anchugov and Gladkov V. Russia». In this decision the constitutional court formulated the possible mechanisms of its execution. However, in the form in which it is stated in the decision of the ECHR, due to its contradiction of the Constitution it was executed can not be», — said the head of the Committee.

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