Manifestation of Resistance in Constitutional Law (the Case Study of Decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights)
Introduction. The article is devoted to the analysis of conflicts between the interpretation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the context of a particular problem and how the resistance of national legislation to acts of an international character is manifested. Theoretical analysis. The article deals with decisions concerning the promotion of information about homosexual preferences to minors, which, in the opinion of the Constitutional Court, may harm their development. The European Court considers that this restriction is a kind of violation of the rights and freedoms of sexual minorities. Also, a resolution was adopted, according to which the provisions of the Constitution of the Russian Federation are priority in relation to acts of an international character. In this regard, the Constitutional Court in its response decision declared it impossible to implement the decision of the European Court of Human Rights to award compensation by the Russian Federation to the YUKOS company. Conclutions. The following conclusions are presented. Despite the opinion of the European Court of Human Rights, the Constitutional Court of the Russian Federation, in its decisions, seeks to achieve a compromise between the interests of the majority groups of the country’s population and private individual preferences, as well as a dialogue with the international court of justice on the principle of equal partnership. These components are the basis for the stability of our legislation and our values, since, on the one hand, it does not allow harmful acts of a normative nature to penetrate and take hold, and, on the other hand, it preserves the democratic essence of Russian law. To implement the above in real life, we recommend the following: 1) adhere to and seek a balance between different systems of values, 2) justify at the level of theory and introduce into legal practice the doctrine of the constitutional identity of the country, based on the interpretation of the basic values of the Russian Federation.
- Constitutional control in the context of modern legal development: Speech by the Chairman of the Constitutional Court of the Russian Federation. Konstitutsionnyi Sud Rossiiskoi Federatsii (Constitutional Court of the Russian Federation. Site). Available at: http://www.ksrf.ru/ru/News/Speech/Pages/ViewItem.aspx?ParamId=84 (accessed 28 April 2020) (in Russian).
- The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended by Federal Constitutional Law 6-FKZ of 30.12.2008, Federal Constitutional Law 7-FKZ of 30.12.2008, Federal Constitutional Law 2-FKZ of 05.02.2014, Federal Constitutional Law 11-FKZ of 21.07.2014). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian).
- In the case of checking the constitutionality of the provisions of Article 1 of the Federal Law “On Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto”, paragraphs 1 and 2 of Article 32 of the Federal Law “On International Treaties of the Russian Federation”, parts one and four of Article 11, paragraph 4 of part four of Article 392 of the Civil Procedure Code of the Russian Federation, parts 1 and 4 of Article 13, paragraph 4 of part 3 of Article 311 of the Arbitration Procedure Code of the Russian Federation, parts 1 and 4 of Article 15, paragraph 4 of part 1 of Article 350 of the Code of Administrative Procedure of the Russian Federation and clause 2 of part four of Article 413 of the Criminal Procedure Code of the Russian Federation in connection with the request of a group of deputies of the State Duma. Resolution of the Constitutional Court of the Russian Federation no. 21-P of July 14, 2015. ATP «Garant» [electronic resource] (in Russian).
- In the case of checking the constitutionality of Part 1 of Article 6.21 of the Code of Administrative Offenses of the Russian Federation in connection with the complaint of citizens N. A. Alekseev, Ya. N. Yevtushenko and D. A. Isakov. Resolution of the Constitutional Court of the Russian Federation no. 24-P of September 23, 2014. ATP «Garant» [electronic resource] (in Russian).
- The case “Bayev and Others v. Russian Federation” (applications no. 67667/09 and two others). Decision of the ECHR of 20.06.2017. ATP «Consulant» [electronic resource] (in Russian).
- The case of OJSC Oil Company YUKOS v. Russia (application no. 14902/04). Decision of the European Court of Human Rights of 31.07.2014. ATP «Garant» [electronic resource] (in Russian).
- In the case of resolving the issue of the possibility of execution, in accordance with the Constitution of the Russian Federation, of the judgment of the European Court of Human Rights of July 31, 2014 in the case of OJSC Oil Company YUKOS v. Russia in connection with the request of the Ministry of Justice of the Russian Federation. Resolution of the Constitutional Court of the Russian Federation no. 1-P of January 19, 2017. ATP «Garant» [electronic resource] (in Russian).