Military Review

The Constitutional Court of Russia for the first time made a decision allowing the Russian Federation not to execute the ECHR verdict

33
For the first time in stories The Constitutional Court of Russia announced a verdict authorizing the Russian Federation not to execute the decision of the European Court of Human Rights (ECHR). We are talking about the case, which in the materials of the ECtHR in its aggregate takes place as “Anchugov and Gladkov v. Russia” (11157 / 04 and 15162 / 05).


The Constitutional Court of Russia for the first time made a decision allowing the Russian Federation not to execute the ECHR verdict


The matter is connected with the fact that those sentenced to death penalty for murder in 90 (the sentence on the basis of the current moratorium is replaced by long terms of imprisonment) Sergey Anchugov and Vladimir Gladkov declared that they, as Russian citizens, are deprived of the right to elect, contrary to the Constitution.

The position of the applicants in the ECHR (portal Pravo.ru):

The ban on voting for convicts is contrary to Art. 3 Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (right to free elections). Russia, joining the Convention, did not stipulate any exceptions, and therefore, in accordance with part 4 of Art. 15 Constitution, an international agreement should apply. The argument that convicts are incapable of making an informed choice or may be subject to the pressure of criminal authorities do not withstand criticism, because according to the law, convicts must have access to information, and pressure can also be subjected to freedom.


The ECtHR has decided that Russia should ensure participation in elections for all categories of convicts, including those who have committed serious and especially grave crimes. The Constitutional Court of the Russian Federation stated that such a decision of the ECHR violates the sovereignty of the Russian Federation, and concluded that the decision of the ECHR in respect of Anchugov and Gladkov cannot be. At the same time, the Constitutional Court of the Russian Federation stated that they were ready to discuss the decision in the format of a dialogue with the functionaries of the ECHR so that the decision would not contradict Russian laws.
Photos used:
finobzor.ru
33 comments
Information
Dear reader, to leave comments on the publication, you must sign in.
  1. tiredwithall
    tiredwithall April 19 2016 13: 29
    +27
    Still the Fed would have been sent away. It is good to see how Russian legislation is growing stronger, restoring real sovereignty.
    1. St Petrov
      St Petrov April 19 2016 13: 36
      +16
      The more technology is updated in the army by 2020, the more our sovereignty will be felt in all kinds of affairs

    2. Kostyar
      Kostyar April 19 2016 13: 39
      +11
      Still the Fed would be sent away

      And the IMF, with its recommendations, which our economic bloc implements unconditionally, contrary to the interests of Russian citizens !!!
      1. SRC P-15
        SRC P-15 April 19 2016 14: 01
        +12
        Killing a person, the killer deprives this person of everything: life, the right to be elected, the right to elect, the right to raise children, etc. So, by killing, he gives himself the right to control the fate of a person, but the state does, does it have such a right? There are no pipes, committing an offense, violating the rights of others, you thereby deprive yourself of these rights. Therefore, I fully and completely support the decision of our Constitutional Court.
        1. Saffron
          Saffron April 19 2016 14: 23
          +1
          I absolutely agree, if you want to be a full citizen and participate in the life of society - do not break the rules and laws of this society!
  2. Monos
    Monos April 19 2016 13: 33
    +9
    Yeah, liberals did a lot of the time. Slowly returning sovereignty. Russian response to shakalya.
  3. sever.56
    sever.56 April 19 2016 13: 35
    +16
    http://topwar.ru/uploads/images/2016/702/bvwn778.png

    It is high time to correct the "shoals" that were laid in our legislation with the drunk - EBN, when you see, there was "the priority of international law over national".
    That's all - the "EuroLiber" Sabbath must be over !!!
    I hope that this is only the beginning of how we remove from our laws, and most importantly the Constitution, everything that in one way or another harms Russia!
  4. teron
    teron April 19 2016 13: 35
    0
    Made in the 90s young reformers. How much will we rake now and will we rake everything?
    1. drundel861
      drundel861 April 19 2016 15: 14
      0
      be sure to rake, only at what cost what
  5. Altona
    Altona April 19 2016 13: 36
    +1
    The fact that the ECHR was shaved is good. But the fact that this is done on this example is not very good. For example, I do not think that the voting of prisoners is some critical moment. And the fact that according to the decisions of the same ECHR, Navalny is regularly pecked at 60 thousand euros as from a bush, is certainly not comme il faut.
  6. Samen
    Samen April 19 2016 13: 38
    +14
    Could it be easier to lift the moratorium? At least in relation to Sergey Anchugov and Vladimir Gladkov? request
    I am not bloodthirsty. But, suddenly, it will help ....
    1. tiredwithall
      tiredwithall April 19 2016 13: 55
      +5
      No rollbacks. We have democracy, equality and fraternity. Cancel forever, for all, in its entirety.
    2. Ezhaak
      Ezhaak April 19 2016 13: 57
      -5
      Quote: Semen
      But, suddenly, it will help.

      Of course, it will help the Euro-liberoids drop thirty meters against the wind at the word Russia. So they already crap on 6-9 meters.
      With the lifting of the moratorium, Russia will have to leave the European community. This condition was upon entry. And these are additions to possible sanctions. Or bad friends, or good to fight. Who chooses what? I believe that the sofa warriors will choose the second.
      1. Alf
        Alf April 19 2016 22: 17
        0
        Quote: Hedgehog
        With the lifting of the moratorium, Russia will have to leave the European community.

        And how does the European community help Russia? What is Russia in the EU, what is not, for Europe, Russia will always be a rogue state.
        1. Ezhaak
          Ezhaak April 21 2016 11: 11
          0
          Quote: Alf
          And how does the European community help Russia?

          Nobody forced Russia to join the European assembly. This is a completely independent and voluntary decision. Does anyone really know this? And then a proverb came to mind: To live with wolves, howl like a wolf.
          And Russia's help looks very simple. This is an imposition of one’s interests. Pushing pederasty, for example, into the territory of Russia. Is it really necessary to interpret this,
      2. The comment was deleted.
      3. Weyland
        Weyland April 20 2016 23: 40
        0
        Quote: Hedgehog
        With the lifting of the moratorium, Russia will have to leave the European community.


        So what? How does it hurt us, by and large?
        ЧСХ, their overseas owners do not smell of any moratorium - and what, the EU has ceased to be friends with them because of this? laughing They wait, as in a joke - they still find what to dig to?
  7. lav67
    lav67 April 19 2016 13: 40
    +4
    It’s time to take priority of Russian laws over Anglo-Saxon law.
  8. Eragon
    Eragon April 19 2016 13: 41
    +2
    Quote: tiredwithall
    Still the Fed would have been sent away. It is good to see how Russian legislation is growing stronger, restoring real sovereignty.

    Unfortunately, the Ministry of Finance and the Central Bank are not the COP.
    1. tiredwithall
      tiredwithall April 19 2016 13: 53
      0
      The problem will still have to be solved.
  9. Disorder
    Disorder April 19 2016 13: 43
    +1
    In accordance with article 32, clause 3 of the Constitution of the Russian Federation “Citizens recognized by the court as legally incompetent, as well as those held in places of deprivation of liberty by the court’s verdict,” do not have the right to elect and be elected.

    The ECtHR may go to Peru.
  10. Obolensky
    Obolensky April 19 2016 13: 46
    +4
    Let's see what will happen next. The fact that we are getting rid of the mistakes of the past is good. The main thing is not to do them now. I always thought it was nonsense, like so, Russia is an independent sovereign state, and for some reason it is obliged to comply with some European laws ... Generally, nonsense. And the fact that some decisions have already begun to be canceled is already good. And yes - what can be the human rights of the one who killed the person ?!
  11. Arkan
    Arkan April 19 2016 13: 50
    +2
    Do not pay special attention to the "democratic" quirks of Western "justice". Let them be happy, according to their laws, their women are to blame for being raped by troglodytes from the Middle East. They do not climb into a strange monastery with their own charter!
  12. atamankko
    atamankko April 19 2016 13: 52
    0
    It is time to become full-grown, let the liberals cave in before the West.
  13. Pinkie F.
    Pinkie F. April 19 2016 13: 54
    +2
    Part 4 of article 15 of the Constitution is high time to change. The primacy of national law over international be!)))
  14. Saffron
    Saffron April 19 2016 14: 20
    +1
    And why should those sentenced to death (we count for life) participate in the elections? Now imagine that in Russia there are almost 700 thousand prisoners (according to international law - voters) + one hundred thousand people under investigation and what needs to be done to get these votes? right, promise them all-all-all. Nonsense, not international law!
    1. Altona
      Altona April 19 2016 19: 10
      0
      Quote: Saffron
      And why should those sentenced to death (we count for life) participate in the elections?

      ------------------------
      And there are few suicide bombers. Within the statistical margin of error for elections. But the payments to "suffering liberals" for "suffering" are very sensitive.
  15. shinobi
    shinobi April 19 2016 14: 25
    0
    The trial ball has gone.
  16. serguchcho
    serguchcho April 19 2016 14: 35
    +4
    For reference: 48 US states + the District of Columbia explicitly prohibits convicts from participating in elections. Moreover, in 8 states this ban remains for life. Such is the "stronghold" of "democracy"
    1. bovig
      bovig April 19 2016 20: 59
      0
      Quote: serguchcho
      For reference: 48 US states + the District of Columbia explicitly prohibits convicts from participating in elections. Moreover, in 8 states this ban remains for life. Such is the "stronghold" of "democracy"

      So they do not have a moratorium on the death penalty. They were sentenced - be kind to the block, or rather, an electric chair ... By all parameters, an "exceptional nation" - they impose on others what they consider unacceptable for themselves. It's time to send everyone inside your own democracy.
  17. yahont
    yahont April 19 2016 14: 48
    0
    Well, finally waited, it's time to drive this organization back and forth and leave there ourselves. wink
  18. Gerfalcon
    Gerfalcon April 19 2016 14: 57
    +2
    Bravo is just a round of applause. We have been waiting for this for a long time.
  19. voronbel53
    voronbel53 April 19 2016 15: 29
    +3
    It is very original to give criminals the opportunity to influence the laws by which they do not live and which they violate. You give in each cell in Guantanamo a separate ballot box! .. Convicted to the death penalty, - only when they voted, - with a sense of accomplishment and with a clear conscience, - please, on an electric chair ...
  20. faterdom
    faterdom April 19 2016 23: 06
    +1
    God forbid, not the last such decision. Give your head on your shoulders!
  21. Vasili09
    Vasili09 April 20 2016 08: 34
    0
    it’s high time to abandon these human rights conventions, and the constitution (I intend to write with a capital letter) must also be thrown out, we will have enough laws of the Russian Federation, otherwise these conversations about violation of the constitution are no longer ridiculous, they also came up with the basic law of direct action, into the furnace him, all the same props, Comrade Fedorov is right, we must change it