The course prepared by one of the best Russian experts in constitutional law will focus on political, economic and cultural dimensions of the Russian constitutional system. Historical background of constitutional reforms and today developments will be discussed, basing on concrete examples of these developments. The course will both observe the specific of the Russian constitutional system in comparison to the other constitutional systems and penetrate into the key characteristics of the Russian constitution. Since adoption of the current Russian constitution of 1993 this constitutional system made a great evolution. The course will help to understand what ideas and concepts stand behind the Russian politics, both domestic and international, which principles lie in the basement of the legal framework for cultural, political and economic life of the Russian society. Foreigners and Russians see the Russian constitutional system in the «distorting mirror» of mass media; both of them need professional analysis of how the legal, governmental and economic systems are designed in Russia. The course will present this kind of analysis by a Russian scholar, familiar to contemporary development of constitutionalism in the world, who is able to present the view from inside Russia, but to position the Russian constitutional system in the a wide context of the world constitutionalism. On the finishing this course the students will: 1. make analysis of legislative and judicial acts, taken by Russian state authorities in the context of the Russian constitution, its main values and basic principles 2. to give expert assistance for interaction with the Russian government structures in a wide range of political and economic questions Know: 1. the specific of the Russian constitution, Russian legal, political and economic system 2. the history of forming and development of the contemporary constitutional system of Russia Have the capacity to: 1. better understand of political, economic and legal processes in Russia 2. make prognosis of the development of the Russian legislation and judicial practice, the reaction of the Russian state bodies to events in the world and to the decisions made by foreign states and international organizations
2.3. International Law in the Russian Politics and Legal System
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From the course by Saint Petersburg State University
Constitutional Reforms in Russia
21 ratings
From the lesson
Modul 2. Constitutional Exceptionalism: the Russian Case
Meet the Instructors
Sergei A. BelovAssociate Professor of Constitutional Law, Candidate of law (PhD)
Department of State and Administrative Law, Law Faculty
When we talk about constitutional identity,
we can not ignore the international,
the role of International Law in
the Russian legal system and in the Russian constitutional system.
International Law bases generally on
the universal requirements to the legal institutions,
to the government institutions in all the countries.
And if we make the openness a part,
as a principle for any constitutional system,
we make it more unified with
other constitutional systems and it is
more similar to the constitutional systems of other countries.
So, sometimes openness to International Law is a part of
constitutional Identity in meaning of making it very specific,
exceptional system, or make it like a system in other countries.
For the Russian constitutional system,
the role of International Law was the matter for debates since early 1990's.
And in the Russian Constitution of 1993,
the basic principle was the openness of the Russian legal system to International Law.
It was in that period when the constitution and the state itself tried
to show the openness to general principles, to general standards.
It was a period when Russia tried to show that here in Russia,
the state should be organized and the society should be
organized according to the same principles
as they are organized in the Western democracies.
And this openness was supported by
the joining of Russia to many international agreements,
many international treaties like
the European Convention on Human Rights and Fundamental Freedoms.
And it was the part of
general movement of Russia to involvement in many international organizations,
and involvement in the world politics to be a part of this politics.
But later and in the beginning of 21st century,
and maybe even later,
Russian openness formally expressed in the text of
the constitution started to be interpreted in a slightly different manner.
Sometimes slightly, sometimes quite a radically different from
that original principle of openness.
This was a new development for the whole legal system,
but this was kind of reaction to the political process
rather than the internal legal development of interpretation of this principle.
On the political situation,
I would define the situation before
that general crisis which occurred after the Ukraine war of 2014.
And it was like the movement to more and more protection of
constitutional identity as an instrument to protect national interests in front
of the interests of international community or interests of some certain countries,
some certain foreign countries.
For the Russian Federation,
it was quite important that International Law today
is not based only on the wills of the states,
and sometimes International Law is
based on decisions made by international organizations.
International organization can make the decisions which
are binding the member states of international organization,
and sometimes even all member states of the United Nations.
So, this was a kind of a cause for Russia to be
very caution about the development of International Law and to put
some obstacles on direct influence of international law on the Russian legal system.
In 1990's, Russia trying to become a Member of Council of Europe.
And when in 1998 Russia became a member
of European Convention on Human Rights and Fundamental Freedoms,
it was a part of the general procedure of
establishing democratic state in Russian Federation.
But at that time,
it was a principle decision.
Later, European Court of Human Rights made a lot of decisions making
conclusions that Russia violated that of those principles written down in the Convention.
And more or less Russia tried to follow these decisions and tried to amend legislation,
tried to make decisions according to
those guiding principles which were defined by the European Court of Human Rights.
This change of tendencies could be
very obviously seen in the practice of the Russian Constitutional Court.
For many years, it supported the practice of
European Court of Human Rights insisting on
execution of the decisions made by European Court.
And probably the most important decision was taken in February of 2010 when
the Constitutional Court of the Russian Federation
concluded that those rights which are written down in
the Russian Constitution are in substance
the same rights as in the European Convention on Human Rights and Fundamental Freedoms.
So, it means that the protection of those rights is
the protection of the rights of the Russian Constitution.
So, it means that if we protect rights on the level of the European Council,
of the Council of Europe,
on the level of European Court of Human Rights,
it is also the support and protection of constitutional rights,
constitutional rights inside Russia.
But this approach of
the Constitutional Court supported by
legislature and other officials of the Russian organs,
changed after 2010 case of Konstantin Markin heard by
the European Court of Human Rights and later through those decisions which were taken
after Markin case and were quite famous decisions,
quite known decisions about very sensitive
for the Russian politics questions on elections and etcetera.
So, Konstantin Markin case was a case on parental leave for military male persons.
And the Russian legislation did not grant this parental leave
right to male militaries but to females only.
And the European Court of Human Rights made
a decision which opposes the position of the Russian Constitutional Court.
Constitutional Court said that this is a privilege for
the Russian female militaries and it could not
be a kind of discrimination of men, of male militaries.
But the European Court of Human Rights concluded that it is
a discrimination and the gender ideas
on which this decision was based is rather gender prejudices of
the Russian society than legally argument that position on this very case.
Later in 2015,
the Constitutional Court of Russian Federation even decided
that appealing to the Russian sovereignty,
Russia could make a decision that a certain judgment of
the European Court of Human Rights is in contrary to
the principles of the Russian constitution,
and basing on this conclusion,
Russia can deny execution of a certain decision in that part
when it contradicts to the constitution as the supreme law of the Russian Federation.
This is the evolution of
Russian judicial practice and this is the evolution of the Russian constitutional system,
which today is based rather on closeness
at least in that part which concern the general principles.
But it is at least not that openness which was declared in the constitution in 1993.
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