THE IMPLEMENTATION OF LEGAL POSITIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS BY THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION AND THE PROCESS OF CONSTITUTIONALIZATION OF JUSTICE

Authors

  • Andrey Georgievich Kuzmin Author

Abstract

The article considers the role of the SAC, which ceased operations in the implementation
of legal positions of the European Court of Human Rights. The author proves the thesis
that by broadcasting the practice of the ECHR and formulating on the basis of either its
legal position of their own judicial and legal position, the SAC was actively involved in
the constitutionalization of law, which was expressed in the improvement of the constitutional
and legal model of judicial procedure, ensuring its compliance with the relevant social
needs, taking into account the international legal standards, criteria and practices.
Moreover, the judicial and legal positions of the SAC, based on the precedential value of
the ECHR, can be considered as a legal tool to eliminate the ambiguity of rules of law, its
contradictions, or other defect. The author notes the need to take into account in the court
practice the developed by the Constitutional Court of the Russian Federation approaches
and requirements to resolve potential conflicts between the legal positions of the ECHR
and the estimates of the constitutionality of the provisions of the Russian legislation.

Author Biography

  • Andrey Georgievich Kuzmin

    Candidate of Science (Law), Associate Professor, Professor of
    Constitutional and Administrative Law Department, South Ural State University, Chelyabinsk, Russian Federation

Issue

Vol. 15 No. 4 (2015): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions on Constitutional and Administrative Law