The modality of the duty: Ratio Decidendi of the European Court of Human Rights in the Russia legal system

Abstract

Since Russia’s adhesion to the Convention for the Protection of Human Rights and Fundamental Freedoms, with a concomitant recognition of the jurisdiction of the European Court of Human Rights to give binding interpretation of the Convention in judgments of cases to which Russia is a party, the nation’s legal science has remained in dispute over the rank that the ‘jurisprudence’ of the European Court thereby attained in the hierarchy of Russian law sources. An outcome of the discussion, as discovered by the author of this article, may offer ironically little practical value, but may have significant power to cope with urgent theoretical challenges which the Russian legal doctrine faces today and which determine its development in the coming decades.

Keywords:

The European Convention on Human Rights, European Court on Human Rights, case law, legal view, delegation of law-making authority, commonly recognized rules and principles of international law