"The Russian Federation it is necessary to use dialogue rather than unilateral measures," said the Commission, adding that in some Council of Europe States that dialogue was an effective tool for dealing with the contradictions arising between the decisions of the European court of human rights (ECHR) and national legal systems.
The experts of the Council called on the Russian authorities to remove from the law the article, according to which cannot be carried out any actions directed on execution of international decisions, the COP declared unconstitutional. The Commission also stressed that the law should stipulate the duty of the Russian authorities to find alternative ways of execution of an international decision, and it is clear to determine that individual measures set out in the judgments of the ECtHR, not be subject to assessment of constitutionality.
Furthermore, any procedure that involves the evaluation of the possibility of execution should provide for the participation of the person supplying the statement to the international court of justice.
The full text of the adopted opinion will be published on 15 March on the website of the Venice Commission. Thus in the message it is emphasized that the current report is interim, as in the period from December to March, the Russian authorities are unable to organise meetings with speakers. If they are held, a final report will be prepared at a later date.
We will remind, Putin signed a law amending the Federal law "On the constitutional Court of the Russian Federation" of 15 December last year. According to the document, the Constitutional court of Russia is allowed to recognize unenforceable decisions of international courts, primarily the ECHR, if they contradict the Russian Constitution.
In the state Duma and the Federation Council, the bill generally met very positively. So, one of the authors of the initiative, the Chairman of the Duma Committee on constitutional legislation and state construction Vladimir Pligin said that "the Constitution of the Russian Federation has Supreme legal force and, thus, it has undoubted priority".
The Chairman of the Federation Council Committee on constitutional legislation and state construction Andrey Klishas, in turn, declared that spelled out in the document the mechanism of rejection of decisions of international courts "will allow us to respond to unfounded claims to the Russian Federation, which are often politically motivated".
A different opinion was shared by state Duma Deputy Dmitry Gudkov. He felt that Putin adopted the law allows the COP to work on the principle "what you want — then come back". According to him, this initiative could become a pretext for infringement of the rights of Russian citizens. "Do not think that the legal formalities that citizens will not be affected. Touch. Because the most interesting to them international court of justice — it on human rights, the ECHR," — said Gudkov.
The MP even before the signing of the law was noticed that the document was in direct violation of the Constitution of the Russian Federation. "If an international Treaty of the Russian Federation establishes other rules, than provided by law, the rules of the international Treaty," Gudkov was quoted the basic law of the country.
At the end of January the President of the ECHR Guido Raimondi at a press conference, said about States refusing to implement the decisions of the European court that "according to the logic of article 46 of the European Convention, if a national system puts you in the position that you cannot accept the decision of the ECHR and the obligation you deny conclusions of court orders, you cannot remain in the Council of Europe".