In the Federation Council not be excluded from consideration in the constitutional court of decisions of the ECHR in Russia

© AFP 2017 / Patrick HertzogЕвропейский court of human rights (ECHR) in Strasbourg. Archival photoIn the Federation Council not be excluded from consideration in the constitutional court of decisions of the ECHR in Russia© 2017 AFP / Patrick Hertzog

The Chairman of the Federation Council Committee on constitutional legislation and state construction Andrey Klishas does not preclude consideration of the Constitutional court of the Russian Federation of decisions of the ECHR against Russia.

«Unfortunately, in recent years we have seen how the ECtHR demonstrates the double standards, particularly in cases against the Russian Federation», — he said in an interview with RIA Novosti, answering a question about whether we can expect the consideration of any decisions of the ECHR to the constitutional court of the Russian Federation in the near future.

«The emergence of new solutions, which would be contrary to our constitutional order, eliminate, unfortunately, impossible. So, I think that the Constitutional court will have to consider this case on the request of the Ministry of justice,» — said the Senator.

The Minister of justice of the Russian Federation Alexander Konovalov in October at the conference «Russia and the ECHR: the right to be heard» was informed that the number of complaints to the ECHR against Russia was reduced in 3,5 times over the past four years and is less than 8 thousand. Konovalov said that Russia is interested in ensuring the rights of its citizens, without waiting for the decisions of the ECtHR on complaints from Russia.

Answering the question as it affected the relations with the Council of Europe the adoption of the law on priority of decisions of the constitutional court of the Russian Federation on the decisions of international courts, including the ECHR, Klishas said that «it is worth to make a clarification that, legally, we are not talking about a priority».

«The constitutional court was empowered to determine the possibility and order of execution of decisions of international bodies for the protection of human rights including the European court of human rights», he added.

According to the Senator, «it was done with the intention to avoid a situation of «legal vacuum» when it would be unclear how to execute the decision of the ECHR, it is impossible to do if the interpretation of the Convention on the protection of human rights and fundamental freedoms is in conflict with the Constitution of the Russian Federation».

«This situation is, alas, typical in some cases not only for Russia but also for many other countries-parties to the Convention, including Germany and the UK», he added.

Klishas explained that «this is due to national constitutional identity, which is necessary to consider the ECHR, as he would have wanted». «Of course, the Council of Europe, the European court on human rights hold a different position – they believe that the state needs to change the texts of the constitutions and to change the constitutional-legal approaches. However, the Council of Europe, and ECHR all understand that are subsidiary bodies», — he said.

«But here we say that the position of the Council of Europe, the ECHR will be taken into account by us when you change acts of a constitutional nature, if this will be the background, however, by themselves, these positions cannot serve as the determining grounds of such changes,» added the Senator.

He is not inclined to believe «that the changes in the Russian regulation so dramatically, as some say, with an emphasis on the fulfillment of decisions of the ECHR».

«They used sometimes could not be fulfilled in many member States of the Council of Europe. On the contrary, introduced regulation aimed at achieving legal certainty», he concluded.