Russian Parliament will allow the country’s legislature to disregard the precedence of International Law
The Russian Parliament, Duma, is intending to allow the Constitutional Court to ignore the decisions of both the United Nations and the European Court of Human Rights. MPs are moving the draft through quickly. On December 2nd, the Russian Federation State Duma Committee on Constitutional Legislation recommended adopting the draft on the second reading. The draft allows the Constitutional Court to ignore the decisions of international bodies, such as the European Court of Human Rights.
On the second reading, amendments were added allowing Russia to ignore the judicial decisions of the European Court of Human Rights and decisions of the other international bodies, in particular, the UN Committee on Human Rights. The corresponding draft is moving quickly towards approval. The draft was adopted on the first reading on the first of December. Less than a day was reserved for providing amendments.
Interfax reported that the second reading is scheduled for 4 December. The draft provides two possible scripts for making decisions concerning judgements made by international bodies resulting from a complaint filed against Russia. It calls for the Constitutional Court to then determine whether the decisions can be made in accordance with the Russian Constitution.
The European Court’s verdict on the lawsuit of YUKOS shareholders was the most notable proceeding for Russia. In July 2014, the Court in Strasbourg ordered YUKOS shareholders to pay compensation of 1.86 billion Euros. According to the experts, this decision has changed the attitude of Moscow toward International Courts. It prompted discussion regarding the concept of Russia’s refusal to accept these decisions and led authorities to draft legislation allowing Russia to refuse judgements made by international bodies.