Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights

Article aims to compare the legal framework for ceasing of a state’s membership in the Council of Europe and Convention for the protection of Human Rights and Fundamental freedoms with the factual application of relevant framework in respect of the Russian Federation leaving the CoE in 2022. Analysi...

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Main Author: P. Yu. Ulturgashev
Format: Article
Language:English
Published: North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) 2024-01-01
Series:Теоретическая и прикладная юриспруденция
Subjects:
Online Access:https://www.taljournal.ru/jour/article/view/324
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author P. Yu. Ulturgashev
author_facet P. Yu. Ulturgashev
author_sort P. Yu. Ulturgashev
collection DOAJ
description Article aims to compare the legal framework for ceasing of a state’s membership in the Council of Europe and Convention for the protection of Human Rights and Fundamental freedoms with the factual application of relevant framework in respect of the Russian Federation leaving the CoE in 2022. Analysis shows that foreseen procedures were o complied with, leading to defect actions and decision on the part of European party, and to somewhat inconsistent legal framework adopted in Russia. Lack of dialogue between the parties resulted in creation of two virtually unconnected legal realities. While the Council of Europe bodies and the Russian authorities apparently do not experience substantial adverse effects of this situation, the burden of such consequences is placed on the applicants, particularly on Russian citizens. It is assumed that very limited opportunities remain for interaction between Russian and European legal systems in terms of ensuring the rights of citizens.
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spelling doaj-art-376bee6d49324c48b2526eb0ab73064f2025-01-14T11:56:24ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция3034-28132024-01-0104435110.22394/2686-7834-2023-4-43-51204Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human RightsP. Yu. Ulturgashev0North-Western Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian FederationArticle aims to compare the legal framework for ceasing of a state’s membership in the Council of Europe and Convention for the protection of Human Rights and Fundamental freedoms with the factual application of relevant framework in respect of the Russian Federation leaving the CoE in 2022. Analysis shows that foreseen procedures were o complied with, leading to defect actions and decision on the part of European party, and to somewhat inconsistent legal framework adopted in Russia. Lack of dialogue between the parties resulted in creation of two virtually unconnected legal realities. While the Council of Europe bodies and the Russian authorities apparently do not experience substantial adverse effects of this situation, the burden of such consequences is placed on the applicants, particularly on Russian citizens. It is assumed that very limited opportunities remain for interaction between Russian and European legal systems in terms of ensuring the rights of citizens.https://www.taljournal.ru/jour/article/view/324protection of human rights and fundamental freedomscompliance with international treatydenunciation of international treatyexecution of judgments o an interstate body for the protection of human rights
spellingShingle P. Yu. Ulturgashev
Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights
Теоретическая и прикладная юриспруденция
protection of human rights and fundamental freedoms
compliance with international treaty
denunciation of international treaty
execution of judgments o an interstate body for the protection of human rights
title Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights
title_full Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights
title_fullStr Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights
title_full_unstemmed Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights
title_short Legal Framework for Russian Federation Leaving the Jurisdiction of the European Court of Human Rights
title_sort legal framework for russian federation leaving the jurisdiction of the european court of human rights
topic protection of human rights and fundamental freedoms
compliance with international treaty
denunciation of international treaty
execution of judgments o an interstate body for the protection of human rights
url https://www.taljournal.ru/jour/article/view/324
work_keys_str_mv AT pyuulturgashev legalframeworkforrussianfederationleavingthejurisdictionoftheeuropeancourtofhumanrights