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Title: |
The Impact of the European Convention on Human Rights on Russian Law |
| Sub-title: |
Legislation and Application in 1996-2006 |
Search Result:
| Foreword by: |
Françoise Hampson By (author): Anton Burkov |
| ISBN10-13: |
389821639X : 9783898216395 |
| Format: |
Paperback |
| Pages: |
162 |
| Weight: |
.242 Kg. |
| Published: |
ibidem - February 2007 |
| List Price: |
19.90 Pounds Sterling |
| Availability: |
Temporarily Out of Stock, more expected soon
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| Subjects: |
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| 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 Federationâ 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 applicantsâ arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHRâ s provisions within Russian national law. It develops recommendations on how to assess the Russian governmentâ 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. |
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