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ISSUE:    Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art. Theory & Practice. 2009. Issue 3
COLLECTION:    Law Sciences

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THE INFLUENCE OF THE DECISIONS OF EUROPEAN COURT OF HUMAN RIGHTS ON THE DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION. PRINCIPLE OF LEGAL CERTAINTY

Elena Sergeevna Pirogova
State University - Higher School of Economics
Submitted: November 23, 2009
Abstract. In the article the practice of the application of the legal certainty principle by European Court of Human Rights and the Constitutional Court of the Russian Federation is considered. The analysis of the practice shows that the given principle, as a rule, is formulated not by a legislator but by supreme courts. In disputable situations it periodically leads to an independent interpretation from their side. As the practice of the application of this principle at the international level had developed much earlier than in Russia in the article the way the decisions of European Court of Human Rights influence on the decisions of the Constitutional Court of the Russian Federation is considered.
Key words and phrases:
Европейский суд по правам человека
Конституционный суд РФ
принцип правовой определенности
верховенство права
European Court of Human Rights
the Constitutional Court of the Russian Federation
legal certainty principle
leadership of law
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