Russian government advocates selective enforcement of European Court decisions

Representatives of Russia’s Ministries of Justice and Foreign Affairs, the Attorney General’s Office, and the Kremlin have all endorsed the principle of selectively enforcing rulings by the European Court of Human Rights (ECHR). Officials stated this position in a hearing at Russia’s Constitutional Court, which is preparing a decision about the application of ECHR rulings inside Russia.

Mikhail Krotov, the Kremlin’s representative in the Constitutional Court, argued, “In the event that a decision by the ECHR contradicts a decision by the Russian Constitutional Court, Russia should unequivocally by guided by the ruling of the latter.”

Spokespeople for the Attorney General’s Office and Foreign Ministry both advocated enforcing ECHR rulings, only when they do not contradict the fundamental laws of the Russian Federation. The Justice Ministry’s Maria Melnikova also supported a selective approach to enforcing ECHR decisions. 

“Russia hasn’t granted any international bodies the right to influence its domestic legal regime…. The Constitution takes precedence over decisions by the ECHR, and in cases of conflict, the authorities are not obligated to enforce those decisions,” Melnikova said.

In mid-June 2015, several members of the Duma appealed to the Constitutional Court for clarification about how to enforce ECHR decisions in Russia. The inquiry came as Russia was due to submit a payment plan for the 1.86 billion euros ($2.06 billion) awarded by by the ECHR a year ago to the shareholders of Yukos.

Authorities in Moscow have refused to take any action on the compensation awarded by the ECHR until Russia’s Constitutional Court reaches a decision.