On the right of the Constitutional Court of the Russian Federation to recognize decisions of international and foreign courts and arbitration courts (arbitration) as contrary to the Russian public law and order

Abstract

In this article, the author analyzes constitutional amendments, introduced in 2020, which gives the Constitutional Court of the Russian Federation the right to recognize decisions of international and foreign courts and arbitration courts (arbitration) as contrary to Russian public law and order and make decisions on the possibility of their execution on the territory of the Russian Federation. The author examined the provisions of a number of international and domestic normative legal acts and treaties, including the UN Charter, the Vienna Convention on the Law of International Treaties of 1969, the Constitution of the Russian Federation of 1993. Based on an analysis of the basic principles of international law, the nature of international and domestic relations, the author concludes that this right of the Constitutional Court of the Russian Federation should be differentiated depending on whether the court (arbitration) is international or domestic (national). According to the author, domestic authorities should not have the right to verify the compliance with the domestic public legal order of the decision of an international court vested with the competence to interpret an international treaty within the framework of the relevant international organization, provided that the state is a member of this international organization, has recognized the jurisdiction of the international court and has expressed consent to be bound by such an international agreement.