Preservation of Constitutional Identity through Denunciation of the Convention for the Protection of Human Rights and Fundamental Freedoms: The Ontology of the Problem

Abstract

The paper examines the problem that arose in a number of cases when the European Convention for the Pro-tection of Human Rights and Fundamental Freedoms was part of the Russian legal system, and the European Court of Human Rights (ECHR) provided an external (in relation to Russia) control function for the implementa-tion of its provisions. Based on a study of the ECHR practice of considering complaints against Russia the tasks are solved to reveal the author's position on the issue of denunciation of the Convention by Russia; to deter-mine the prospects for the implementation and development of the convention provisions in the Russian legal system and European states in the emerging multipolar world. Research methods. Axio-teleological method (research in the position of constitutional values); complex approach (interdisciplinary) with the use of com-parative legal method of research. Practically significant conclusions of the study are the conclusions of prog-nostic nature, as well as well-founded claims that the denunciation of the European Convention: is a form of protest by Russia against the distortion of the ECHR of the original meaning of the convention norms, introduc-ing standards into their content that contradict constitutional provisions, destroy constitutional identity; is a way to protect constitutionality, preserve national unity in Russia.