The European Court`s of human rights decisions in the mechanism of removing gaps in the russian criminal procedural law

Abstract

Russia remains the absolute leader in the number of complaints filed with the European Court of Human Rights (ECHR), which follows from the statistical report for 2019 on the Court's website. By the end of 2019, 59,800 applications were pending before the ECHR, more than a quarter (15,050) accounted for by Russia - this is a record number over the past seven years. Turkey (9,250 complaints) and Ukraine (8,850) are also in the top three in terms of the number of complaints filed. Over the past 20 years of the ECHR's work, an amount of 1.95 billion euros has been collected from the Russian Federation. Experts explain this dynamics by the problems of the Russian legal system. These statistics oblige to address the issues of the impact of the decisions of the ECHR on the national legislation of the Russian Federation and on the criminal procedure legislation in particular, since 2/3 of the complaints received from Russian citizens are aimed at protecting violated rights in the sphere of criminal proceedings. According to the editor-in-chief of the ECHR Bulletin, Yuri Berestnev, there is currently a massive filing of complaints about the conditions of detention and about detentions at rallies and pickets. This study will help determine the place of the ECHR decisions in the system of sources of criminal procedure law in Russia; to identify the place and role of the decisions of the ECHR in the mechanism for removing gaps in the criminal procedure law of Russia; describe the influence of the Constitutional Court of the Russian Fed-eration on the execution of the decisions of the ECHR and their further implementation in the national criminal procedure legislation.