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Significance of the European Court's case-law for Criminal Law of the Russian Federation

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

10 years ago the majority of Russian law scientists denied the case-law as source of law, reasoning the mentioned decision by the continental legal tradition. At the present date a contrary conclusion on the mentioned issue prevails. The Russian Federation like other state-members of the Convention is obliged to observe the system of legal standards of the European Court in condition which is developed at the present time. Observance of the European Court legal standards is obligatory for legislator during improvement of the criminal legislation of the Russian Federation.

Keywords:European Court’s precedent, system of legal standards of the European Court, sources of the Criminal Law, interpretation of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

 

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Citation link:
Kononov I. S. Significance of the European Court's case-law for Criminal Law of the Russian Federation // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2012. -№04. -С. 77-81
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