The Constitutional and Legal Problems of Applying the National Law of Russia in the Practice of the European Court of Human Rights

• Published in: Legal Concept = Pravovaya Paradigma 2018-12, Vol.17 (4), p.148-153
• Main Authors: Ushakov, Aleksey, Gordeychik, Sergey
• Format: Article
• Language: eng ; rus
• Subjects: Capital punishment; Human rights
• ISSN: 2587-8115
• DOI: 10.15688/lc.jvolsu.2018.4.21

Introduction: the article is devoted to the identification of the constitutional and legal problems associated with applying the national legislation of the Russian Federation in adjudicating disputes in the inter-state body for the protection of human rights and freedoms. For this purpose the author studies the statistical data on the citizens ‘ appeals to the European Court of Human Rights and the practice of protecting the violated rights. With the help of the methods of scientific knowledge, primarily the method of system analysis of the judicial and regulatory acts, the author comes to the need to improve this process. Results: the author indicates that there are contentious issues in adjudicating the citizens’ appeals in inter-state body for the protection of the rights and freedoms of the individual. Conclusions: according to the author, the implementation of the Constitutional Court of the Russian Federation of its powers to interpret the Constitution of the Russian Federation will provide the additional guarantees to the citizens when the European Court of Human Rights handles their claims.