THE INFLUENCE OF INTERNATIONAL LAW ON THE CONTENT AND DEVELOPMENT OF THE LEGISLATION IN THE SPHERE OF HUMAN AND CIVIL RIGHTS PROTECTION

The article highlights the problem of improving the Russian legislation in the sphere of human rights protection under the influence of the norms of international law. It is noted that the preferred way to implement international standards in the Russian legal system is the ratification of conventions, covenants, etc. and their subsequent implementation (transformation). Such things make it possible to most fully reveal the essence of these norms and to develop an effective domestic set of measures for the protection of human rights. The focus also made on the fact that among the elements of international law affecting the maintenance and development of national legislation in the sphere of human rights protection, a special place is occupied by the final judgments of the European Court of human rights. Despite the fact that in Russia, as in other countries of the Romano-Germanic legal family, judicial precedents are not considered a source of law, the legal positions contained in the final decisions of the European Court of Human Rights, contribute to the in-depth implementation of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms of1950 into the Russian legislation. However, to date there is no universal mechanism for the implementation of approved and almost general measures aimed at execution of the judgments of the European Court of Human Rights.

human rights and freedoms, international law, theory of state and law, international law, international treaties, implementation, transformation, harmonization, the European Court of Human Rights

1. Аверьянов К. Ю. Решения Европейского Суда по правам человека в системе источников (форм) права России: автореф. дис.. канд. юрид. наук. М., 2013.

2. Марченко М. Н. Источники права: учеб. пособие / М. Н. Марченко. М.: Норма, Инфра-М, 2014.