Implementation of the legal positions of the European Court of Human Rights in Russian criminal procedure

Abstract

The article offers an overview of the modern state of affairs in the field of the implementation of legal positions of the European Court of Human Rights (ECtHR) in Russian criminal procedural law and law-enforcement practices. Significant attention is paid to the legal approaches of the Russian Constitutional Court as one the main actors in the national implementation system who pointed out a series of problems in functioning of the conception known as «dialog between the Courts». We research the amendments to the Russian Constitution of 2020 year in respect of it’s meaning to the process of realization of the legal positions of ECtHR in the Russian criminal procedure. With the examples from the modern ECtHR case-law in respect of the Russia root problems in the law regulation of different stages and institutions of criminal procedure are being revealed. The article also offers analysis of the trends in national courts practices with proposals of it’s harmonization with the European legal standards.