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Autonomous concepts of the European Court of Human Rights and their significance for criminal law of Russia

Kononov Igor Sergeyevich  (Moscow State Law Academy named after O.Ye. Kutafin)

In course of interpretation of the conventional provisions by the European Court along with legal principles creates autonomous concepts, the meaning of which is not always in compliance with the analogical legal concepts enshrined in the Russian Federation legislation. European Court, as a rule, gives priority to formulated legal standards and autonomous concepts neither to legislation and law-enforcement practice of the member states of the Convention. The analysis of difference of meaning and substance between autonomous concepts of the European Court and analogical concepts used in the Criminal Code of the Russian Federation allows providing protection of human rights and freedoms enshrined in the Convention more effectively.

Keywords: Autonomous concept of the European Court of Justice, criminal charges, the interpretation of the Convention, the protection of human rights.

 

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Citation link:
Kononov I. S. Autonomous concepts of the European Court of Human Rights and their significance for criminal law of Russia // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2012. -№03. -С. 79-82
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