DOI: 10.7256/2454-0641.2015.3.14900

Abstract: The article considers the remarks of the UN Human Rights Committee on the report of the Russian Federation about the fulfillment of the International Covenant on Civil and Political Rights. The Committee noted the positive changes which had taken place in the country since the previous report and formulated the remarks and recommendations to the Russian Federation. Special attention in the paper is paid to the legal position of the Committee about the efficiency of Russian control over the territory of the self-proclaimed republics of Eastern Ukraine and to the conclusion about the necessity of the efficient realization of the Committee’s considerations in Russia. The study is based on the analysis of the legal provisions of the Human Rights Committee and the foreign literature devoted to the legal status of its provisions. The novelty of the research lies in the fact that this is the first translation and analysis of the remarks of the Committee on the report of the Russian Federation adopted on March 31, 2015. The author enumerates pluses and minuses of the remarks. 

DOI: 10.7256/2454-0633.2015.2.14852

Abstract: This article reviews the issue of implementation of the decisions of the European Court of Human Rights (ECtHR) by restoration to the condition prior to the violation (restitutio in integrum). The subject for research of this issue became the denial of the Russian courts to re-examine the case of Olga Kudeshkina in light of new circumstances after the acknowledgement of violation of the European Convention on Human Rights. This case brings back the question of the “level” of state’s discretion in determining the methods of restoration of the rights of the claimant. This article examines the norms of the Russian law that determine the status of decisions of the European Court of Human Rights, as well the approach of the European Court itself towards the proper execution of its decisions. Based on the analysis of the circumstances in the case of Kudeshkina v. Russia 1 and the legal positions of the European ECtHR in the case of Kudeshkina v. Russia 2, a critical assessment is made on the possibility of a review of court acts now having a legal power due to the decision of the ECtHR. The author notes that the execution of the ECtHR decisions addresses the most problematic area of the convention – correlation of the authority of the European Court with the national sovereignty of the member-states of the European Council.

Abstract: