Russia’s constitutional sovereignty set to ensure the protection of human rights and freedoms against the backdrop of a crisis in international law

A crisis in international law is unfolding against the backdrop of geopolitical shifts and conflicts between states. This situation can only be overcome through the development of constitutional sovereignty. Under current conditions, Russia has chosen to focus on its own values. This has enabled the country to effectively protect the rights and freedoms of its citizens. However, the concept of national ideology also needs to be introduced in the system of constitutional law. That is according to participants at the International Conference of the Constitutional Court of the Russian Federation, which was held as part of the 11th St. Petersburg International Legal Forum.

KEY CONCLUSIONS

Constitutional sovereignty has enabled the creation of a national system for the protection of human rights and freedoms; it is not something which can be handed over to international organizations, even partially

“Constitutional control bodies act as guardians of a country’s legal sovereignty. They have the lofty mission of protecting the constitutional order, as well as fundamental human rights and freedoms. The decisions they make need to be imbued with notions of law, justice, and humanism which make up national constitutional identity. Preserving and developing this is key to ensuring the independence of nations, and creating a multipolar and democratic world,” Valery Zorkin, Chairman, Constitutional Court of the Russian Federation (quoting Russian President Vladimir Putin’s welcome address).

“Competition between states is intensifying, and the level of conflict in international relations is rising. The collective West has made it their business to interfere in the affairs of independent states and to impose their views of global values and principles, many of which are very much at odds with our own values and principles. The current situation has made it vital to have an appreciation of one’s national cultural code and the parameters of constitutional identity. <...> Sovereignty is indivisible, and cannot be transferred to any international organization, even partially. The Constitutional Court has maintained these positions, and will continue to do so,” Valery Zorkin, Chairman, Constitutional Court of the Russian Federation.

“The value of the state is not directly set out as a constitutional value, but is defended in the legal positions taken by the Constitutional Court of the Russian Federation,” Konstantin Chuychenko, Minister of Justice of the Russian Federation.

“A new state constitutional office has recently been added to the Constitution – that of the Commissioner for Human Rights in the Russian Federation. It has been a much-needed development, going by the number of requests it is sent. Last year alone, we received in the region of 80,000 requests. People have faith in the Constitutional Court, and have faith in the Commissioner for Human Rights,” Tatyana Moskalkova, High Commissioner for Human Rights in the Russian Federation.

“Courts – and constitutional courts in particular – are a guarantee of stability in today’s rapidly changing world, a world which is more susceptible than ever to social diffusion,” Alexander Konovalov, Plenipotentiary Representative of the President of the Russian Federation in the Constitutional Court of the Russian Federation.

Despite the crisis in international law, Russia’s system to protect human rights and freedoms is steadfast

“We can see that our system continues to operate following the departure from the jurisdiction of the European Court of Human Rights,” Tatyana Moskalkova, High Commissioner for Human Rights in the Russian Federation.

“I would say that the crisis in international law is rather apparent today. Numerous experts have noted that control mechanisms operating under various universal treaties (including those linked to UN institutions) are in a state of crisis. <...> Some nations are essentially renouncing their sovereign rights. This completely goes against the fundamental principle of democracy, that the people are the source of power. Against this backdrop, many countries – the Russian Federation included – have expressed their commitment to a traditional interpretation of international law, one which is based on recognizing and respecting the sovereignty of nation states,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

“Principles and norms of international law, together with Russia’s international treaties, formed an integral part of the country’s national legal system. <...> The amendment to the Constitution of the Russian Federation means that Russia’s legislation now takes precedence over international law, should the latter be at odds with the Constitution. This development removes potential threats to destabilize the legal order of the state, as well as any threat to constitutional identity,” Valery Zorkin, Chairman, Constitutional Court of the Russian Federation.

PROBLEMS

The core of the European Convention on Human Rights has been integrated into Russia’s legal system, yet it is based on Western values

“We had long been members of the Council of Europe. The Constitutional Court of Russia has done much to ensure that the European Convention on Human Rights has become firmly embedded in the country’s legal system. At the same time, we could not but notice that a certain divergence has been under way for some time now. The Strasbourg Court and the Council of Europe as a whole began to focus on values that were mainly developed in Western Europe,” Valery Zorkin, Chairman, Constitutional Court of the Russian Federation.

“Foreign states have different approaches when it comes to understanding and defining the boundaries of their sovereignty. These can vary depending on the political context, and sometimes on who the opponent is in intergovernmental dialogue. Today, it would be fair to say that certain states have been attempting to extend their jurisdiction on an extraterritorial basis, and have been using intergovernmental organizations as tools for conducting a geopolitical battle,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

The courts – and the legal sector as a whole – were inadequately prepared for the rapid development of information technology

“We should be most concerned by the long-established and difficult trend of social activism moving online. The virtual plane has its own rules which can change frequently and have little in common with the legal regulations we are used to. This is complicating legal policy. There are many issues surrounding so-called fake evidence. The incredibly wide-ranging development of communication technology has given rise to new ways of distorting the objective truth and making it more difficult to ascertain. All this is of course making the work of the courts more difficult,” Alexander Konovalov, Plenipotentiary Representative of the President of the Russian Federation in the Constitutional Court of the Russian Federation.

“At its core, the new wave of tech innovation is much more complex in structure. Convergent nature-inspired technologies have emerged and are now being employed. The state, law, and the Constitution must develop a mechanism to protect against threats arising from any of the great multitude of technologies we have, rather than individual types,” Talia Khabrieva, Director, Institute of Legislation and Comparative Law under the Government of the Russian Federation; Deputy President, Russian Academy of Sciences.

SOLUTIONS

Enshrining national ideology as the basis of constitutional sovereignty, and forecasting geopolitical shifts

“A national idea and ideology have always been important in Russia. <...> From the point of view of the Constitutional Court, national ideology is an issue which is important for the younger generation. So, let’s start moving in this direction. The entire national ideology has been set out in the presidential decree on preserving spiritual values [Decree No. 809 of President of the Russian Federation Vladimir Putin, dated 9 November 2022: On Confirming the Fundamentals of State Policy to Preserve Traditional Russian Spiritual and Moral Values – ed.]. It is a comprehensive document which could serve as the basis for creating a legal concept of national ideology,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

“Today, constitutional sovereignty is a new constitutional legal category. <...> We must talk more about constitutional sovereignty and how the Constitution correlates with international law. <...> We have reached a critical point, both in the development of international relations, and in the development of Russian jurisprudence. Jurisprudence must occasionally be able to forecast how certain developments may unfold,” Akmal Saidov, First Deputy Speaker of the Parliament of Uzbekistan.

For more information, visit the Roscongress Foundation’s Information and Analytical System at roscongress.org/en

Share: