The Legal Regulation of the Procedure for the Resolution by the Constitutional Court of the Russian Federation the Question of the Possibility to Execute in Accordance with the Constitution of the Russian Federation the Judgment of the European Court of Human Rights

The work is devoted to the legal regulation of the procedure for the Constitutional Court of the Russian Federation to resolve the issue of the possibility of enforcing in accordance with the Constitution of the Russian Federation the judgment of the European Court of Human Rights. The author analyses the development of the constitutional mechanism for resolving conflicts between the Constitution of the Russian Federation and the rulings of the European Court of Human Rights, studies the current legislation regulating the procedure for resolving by the Constitutional Court of the Russian Federation the issue of the possibility of execution of the ruling of the European Court of Human Rights, and identifies gaps in the legal regulation of the said procedure. The author has developed a draft of Federal Constitutional Law "On Amendments to the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", which proposes to include the President of the Russian Federation, both chambers of the Parliament, and the Government of the Russian Federation in the circle of applicants; obligatory attachment to the request of the conclusion on impossibility of execution of the decision of the European Court; granting the status of the party to the persons on whose complaint the decision of the interstate body on protection of human rights and freedoms on a question on possibility to execute which the Constitutional Court of the Russian Federation has received the request in the order of Chapter XIII.1 of the Federal Constitutional Law, and also granting to the specified persons of possibility of realization by them of the procedural rights belonging to the party in the Constitution.