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Re Clarification of Paragraph 5 of Operative Part of Constitutional Court Resolution No 3-P of 2 February 1999

Russian Federation.  19 November 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to life — Death penalty — Right to jury trial — Constitution of Russian Federation, Article 20 — Provision for imposition of death penalty until abolition as exceptional form of punishment if right to jury trial — Constitutional Court Resolution No 3-P of 2 February 1999 — Requirement of right to trial by jury in every region of Russian Federation before death penalty applicable — Supreme Court seeking clarification of Resolution No 3-P — Whether Resolution No 3-P allowing for application of death penalty where conviction by jury trial — Russian Federation member of Council of Europe — Russian Federation signing but not ratifying Protocol No 6 to 1950 European Convention on Human Rights, 1983 — Legal effect — Vienna Convention on the Law of Treaties, 1969, Article 18 — Whether Russian Federation violating international legal obligations — Judicial practice — Moratorium on application of death penalty — Effect

Treaties — Application and effect — Protocol No 6 to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, 1983 — Protocol No 6 signed but not ratified by Russian Federation — Legal effect — Vienna Convention on the Law of Treaties, 1969, Article 18 — International legal obligations undertaken by Russian Federation — Obligation not to deprive Protocol No 6 of its object and purpose under Article 18 of Vienna Convention — Whether State as whole having obligation — Principles of separation of powers, and co-ordinated functioning and interaction — Constitution of Russian Federation, Articles 10 and 80(2)

Relationship of international law and municipal law — Protocol No 6 to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, 1983 — Russian Federation signing but not ratifying Protocol No 6 — Legal effect — Vienna Convention on the Law of Treaties, 1969, Article 18 — Obligation on State not to deprive Protocol No 6 of its object and purpose — Russian courts rendering death sentences after Russia joining Council of Europe and signing Protocol No 6 — Substitution of death sentences with lesser punishments — Compliance of Constitutional Court Resolution No 3-P of 2 February 1999 — Judicial practice — Moratorium on application of death penalty — Constitutional legal regime — Whether Russian Federation violating Constitution or international legal obligations

International organizations — Council of Europe — Member States — Obligations of Russian Federation as Member State — Nature of obligations — Whether application of death penalty incompatible with obligations — The law of the Russian Federation

Type
Case Report
Copyright
© Cambridge University Press 2011

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