The Impact of the European Convention on Human Rights on Russian Law(English, Paperback, Burkov Anton)

The Impact of the European Convention on Human Rights on Russian Law(English, Paperback, Burkov Anton)

  • Burkov Anton
Publisher:Columbia University PressISBN 13: 9783898216395ISBN 10: 389821639X

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Know about the book -

The Impact of the European Convention on Human Rights on Russian Law(English, Paperback, Burkov Anton) is written by Burkov Anton and published by ibidem-Verlag, Jessica Haunschild u Christian Schon. It's available with International Standard Book Number or ISBN identification 389821639X (ISBN 10) and 9783898216395 (ISBN 13).

This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system, in terms of its implementation by domestic courts, is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied, rather than to implement the ECHR. In contrast, the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still, the rare instances in which domestic courts implemented the ECHR were, more often than not, prompted by applicants' arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law.It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights, and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.