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  • Implementation of the Decisions of the European Court of Human Rights in the Russian Legal System: Legal Approaches and Enforcement Practice

Implementation of the Decisions of the European Court of Human Rights in the Russian Legal System: Legal Approaches and Enforcement Practice

Student: Ivanova Elizaveta

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

According to the ECHR for 2019, the number of complaints against Russia is about 25% of all cases, which is a rather large indicator. As the processes in the ECHR have become increasingly frequent for Russians, the question arises: are the decisions of the ECHR really implemented by Russia, and also what are the legal problems of their implementation in the Russian legal system. In this regard, the purpose of this study is to analyze the decisions of the European Court of Human Rights in relation to Russia and identify the main problems that arise in the enforcement of judgments of the ECHR, to propose a solution to them. To achieve this goal, the following tasks were set: 1) to study the practice of the ECHR in resolving cases against Russia; 2) to identify cases for which decisions have not been enforced, to trace their relationship; 3) describe the mechanisms that allowed not to implement the decisions of the ECHR; 4) to study the position of the Constitutional Court of the Russian Federation on these issues; 5) to study the ways of implementing the decisions of the ECHR; 6) consider the legislative and judicial procedures for the implementation of the decisions of the ECHR; 7) on the basis of available data, suggest possible solutions to identified problems. The subject of the study is the practice of the ECHR on cases against Russia, the position of the Constitutional Court of the Russian Federation, as well as the regulatory legal acts of Russian and foreign legislation. The work also highlights the issue of amending the Constitution of the Russian Federation, and in particular - in Art. 79. In the course of the study, a review was made of the case review process at the ECHR, an analysis was made of the positions of the Constitutional Court of the Russian Federation, and ways to increase the number of proper enforcement of the decisions of the ECHR were proposed.

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