Human Rights: Integrity of the Russian and International Law, Competition of Courts Decisions

Abstract

INTRODUCTION. The amendments to the Russian Constitution 2020 challenged de novo the international law prevalence and led the Russia’s way to find it own perception of international law. Although the amendments did not introduce drastically substantive modifications of the international law modus operandi in the national legal system nevertheless they shifted the constitutional focus. The former one was built on the presumption of the juridical consistency of the constitutional order and Russia’s international commitments. Today there’s the a priori allegation of possible conflicts between requirements of the Constitution and judgment of international courts.MATERIALS AND METHODS. The paper comprises short historical analysis of the internationally meaningful rules of the Constitution in its comparison to the current legal situation in Russia. Rather superficial but illustrative juridical overview of the relevant constitutional provisions with their domestic legal counterparts demonstrates the significance and practical efficiency of the concomitant interpretation of the constitutional rules and Russia’s international obligations.RESEARCH RESULTS. Such a shift paradigmatically is still pending new interpretation of the constitutional fundamentals. At least they need different construction to be concomitant to the refusal mechanism (as regards international judgments). Still unchanged verbatim the constitutional fundamentals provide for proliferated mechanism of the human rights protection under international las with in domestic order and still require the concordant interpretation of the international commitments and constitutional rules.DISCUSSION AND CONCLUSIONS. The modified constitutional landscape shifted drastically the international law priority in the Russian legal system. Although the international law leaves to the State’s choice to determine internally the status of its international commitments the constitutional fundamentals (left untouched verbatim) still require international law priority. The constitutionally enclosed human right protection mechanism emphasizes such priority.

Keywords

• constitution of the russian federation
• fundamentals of the constitutional order
• human rights
• general international law
• right to refusal
• international human rights standards