Russian federation

Research output: Chapter in Book/Report/Conference proceedingChapter

1 Scopus citations

Abstract

To a degree absolutely without precedent in a millennium of Russian history, international treaties are being used by the Russian state as a means of integrating with the world political, economic, and cultural order. Multilateral and bilateral treaties to which the Russian Federation is a party number in the thousands and regulate all areas of transnational life and activity. Few areas of the law are untouched by treaties. Of those areas regulated by treaty, fewer still have not been affected by treaty enforcement in the Russian judicial and arbitral systems. One may state unequivocally that Russia is among those states that use their legal system to advantage in order to enforce treaties. The role of Russian domestic courts has been veritably revolutionary in this respect during the past fifteen years. Individuals and juridical persons may invoke treaty rights directly in Russian courts pursuant to Article 15(4) of the Russian Constitution. Judges are encouraged as part of their training to draw on international legal acts when appropriate (and are not necessarily dependent on counsel directing their attention to them). Treaties occupy a central place in the legal system of the Russian Federation even more so than was the case in the former Soviet Union. The reason is to be found in Article 15(4) of the 1993 Russian Constitution, which provides: “Generally-recognized principles and norms of international law and international treaties of the Russian Federation shall be an integral part of its legal system.

Original languageEnglish (US)
Title of host publicationThe Role of Domestic Courts in Treaty Enforcement
Subtitle of host publicationA Comparative Study
PublisherCambridge University Press
Pages410-447
Number of pages38
ISBN (Electronic)9780511635458
ISBN (Print)9780521877305
DOIs
Publication statusPublished - Jan 1 2009

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All Science Journal Classification (ASJC) codes

  • Social Sciences(all)

Cite this

Butler, W. E. (2009). Russian federation. In The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (pp. 410-447). Cambridge University Press. https://doi.org/10.1017/CBO9780511635458.011