Introductory Note to Amendments to the 1993 Constitution of the Russian Federation Concerning International Law (2020)

Forthcoming in International Legal Materials (ILM) Vol 60, 2021

11 Pages Posted: 18 Feb 2021

See all articles by Paul Kalinichenko

Paul Kalinichenko

Kutafin Moscow State Law University

Dimitry Kochenov

CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna

Date Written: February 10, 2021

Abstract

This note introduces and analyses several amendments to the 1993 Constitution of the Russian Federation, which entered into force on 4 July 2020, focusing on the amendments having implications for the dialogue between international courts and tribunals and the Constitutional Court of the Russian Federation. The note demonstrates that the amendments in question are not at all revolutionary and codify the established practice of the Russian Constitutional Court / draw on federal legislation. The amendments allow for non-execution of the decisions of international courts and tribunals which are found by the Russian Constitutional Court to be in conflict with the national Constitution, thus qualifying the operation of the monist approach to international law in the Russian constitutional system.

Keywords: Russian Constitutional Court, Dialogue, ECHR, Russia, 1993 constitution, constitutional amendments, monism

Suggested Citation

Kalinichenko, Paul and Kochenov, Dimitry, Introductory Note to Amendments to the 1993 Constitution of the Russian Federation Concerning International Law (2020) (February 10, 2021). Forthcoming in International Legal Materials (ILM) Vol 60, 2021, Available at SSRN: https://ssrn.com/abstract=3783400

Paul Kalinichenko

Kutafin Moscow State Law University ( email )

Sadovaya Kudrinskaya, 9
Moscow, 123995
Russia
+7 499 244 8492 (Phone)

Dimitry Kochenov (Contact Author)

CEU Democracy Institute, Budapest ( email )

Nador utca 9
Budapest, H-1051
Hungary

CEU Department of Legal Studies, Vienna ( email )

Quellenstra├če 51
Vienna, 1100
Austria

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