REDUCING THE RISK OF UNCERTAINTY IN CORRELATING THE NORMS OF THE INTERNATIONAL LAW WITH THE DOMESTIC ONES

Abstract

The European Court of human rights ensures the uniform interpretation of norms of the
Convention, which is a means of creating a single European legal space, as one of its functions.

The analysis of the ECHR judicial practice in consideration and resolution of complaints
of violation of civil rights by the defendant states, as well as critical observations of
experts and scientists demonstrate that the ECHR exceeds the limits established by Clause
32 of the Convention on the protection of human rights and fundamental freedoms: to recognize
the fact that this or that right of an applicant has been violated.
The reason of why in some cases the content of the ECHR decisions does not fully
meet the requirements of objectivity has been determined. The reason lies in the shortcomings
of the mechanism of realization of norms of the Convention into national legislations.
The drawbacks are caused by the lack of full disclosure of the Convention provisions in
the sectoral legislations. This makes it difficult for the ECHR to analyze the peculiarities
of a national legislation; creates the situation when assessing the legal situation in a state,
the ECHR employs "judicial activism" through its evolutionary interpretation and legal
mentality. Therefore, the position of the ECHR often does not reflect the position of the
RF Constitutional Court. .
To reduce the risk of the mentioned situation, it is necessary to abandon the practice
of referring to the international norms in a law. The applicable international norms should
be enshrined in detail in the Federal legislation in a regulation taking into account the peculiarities
of the national legislation with full correspondence to the constitutional provision.