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Ruling of the Constitutional Court of the Russian Federation on Enforcement of ECHR Judgments
17 August 2015
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On July 14, 2015 the Constitutional Court of the Russian Federation issued a ruling on enforcement by the Russian Federation of the rulings of the European Court of Human Rights.
The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are binding on the Russian Federation, which recognizes the jurisdiction of the ECHR; however, this does not override the precedence of the Constitution of the Russian Federation within the Russian legal system.
The Russian Federation may depart from fulfilment of the obligations imposed on it by an ECHR ruling as a matter of exception if this is the only possible way to avoid violating the fundamental principles and norms of the Constitution of the Russian Federation.
Such a violation can take place if the ECHR has incorrectly construed the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms in the course of hearing a case and issued a ruling that may not conform to the provisions of the Constitution of the Russian Federation.
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