Conventional-Constitutional Collissions within case-law of the ECHR and the Constitutional Court of Russia: Articulation of Issue, some Methodological Causes and Solutions

Chernovol Kirill

Conventional-constitutional collisions are contradictions between interpretation of provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms given by the European Court of Human Rights and the provisions of national constitutions, including in their interpretation by constitutional courts or other highest courts invested with analogous powers. Such collisions with participation of bodies conducting constitutional control indicate that there is an insufficient degree of harmonization between a national legal system and all-European legal space. The present paper is dedicated to analyze the stated problem within a framework of Russian legal system and includes a brief description of Judgments of the ECHR in modern Russian law, offers insight to problems of conventional-constitutional collisions in case law of the Constitutional Court of the Russian Federation and reviews some methodological aspects of why such collisions develop and how they can be averted.

Keywords:conventional-constitutional collisions, ECtHR, Constitutional Court of the Russian Federation, conflicts in interpretation