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To entertain the European Court of Human Rights (ECHR) claim to abolish the 2003 elections to the State Duma due to political reasons. This opinion, according to ITAR-TASS, expressed on Thursday the chairman of the Constitutional Court (CC) of the Russian Federation Valery Zorkin, commenting on the recent decision of the Strasbourg Court to take up a joint complaint with the opposition after five years.
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"This (decision) is used in a political context," - said Zorkin, mentioning that the unexpected actions of Strasbourg surprised even the applicants themselves. Complaint from the Communist Party, Yabloko, and 7 individuals was sent to the European Court of Human Rights in 2005, after a similar suit the opposition rejected the Supreme Court of the Russian Federation. In October 2010, communicated the ECHR (found acceptable for review) a complaint about irregularities during the elections to the Duma. Until February next year, Russian authorities must respond to specific questions of the court.
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Meanwhile, the chairman of COP believes that not all decisions of the European Court of Human Rights are binding, in particular, is directly related to sovereignty. The occasion was that of "Konstantin Markin against Russia, ruling on which the European Court of Human Rights adopted on Oct. 7, 2010. The essence of the question concerns the provision of a three-year leave for child care for male soldiers (in the absence of his wife) with the same allowance.

A similar rule exists in Russian legislation for women, including those serving in the army. In January this year the Constitutional Court rejected the plaintiff. As told Zorkin, Konstutitsionny Court did not give his father a soldier is right, as would have to extend this practice to all similar cases. In turn, the Court concluded that a general nature that "imperfect self is the legal regulation, which introduced discrimination" and gave a recommendation to make significant changes to the legislation.

According to the head of the COP, gender issues are not crucial for Russia. At the same time, he noted that "it is impossible to hide behind the national flag to throw out all the decisions of the European Court of Justice", but national identity must be considered. Zorkin refers to the international experience in terms of conflict between the decisions of the ECHR and the local superior of the judiciary, in particular German.
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German Federal Constitutional Court in a case in 2004 said that the state may not take into account the decision of the European Court of Justice if it contradicts the constitutional values enshrined in the fundamental law of the country.

However, the CC Chairman stressed that this is the only case in all the years since Russia's ratification of the European Convention on Human Rights. The Constitutional Court handed down more than 180 court decisions on the basis of the legal positions of the Strasbourg Court.

More details Zorkin expressed his views in his article "The limit of concessions", which was published on 29 October in "Rossiyskaya Gazeta". On the pages of government publications Valery said: "Imagine that the European Court of Justice upheld the complaint," united opposition. "Would not this solution be used to sway the Russian society under the scenarios of orange, tulip and other constructed" revolutions "? And whether it will contribute to strengthening the process in which, as ever in recent years, constructively aligned relationship of the Russian leadership with the leaders of European countries? "
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"Every decision of the Court - is not only legal but a political act. When such decisions are made for the benefit of protecting the rights and freedoms of citizens and development of our country, Russia will always be unobjectionable to follow them. But when certain decisions of the Strasbourg Court with dubious essence of most of the European Convention on Human Rights and the more directly affect the national sovereignty, the fundamental constitutional principles, Russia has the right to develop a defense mechanism against such decisions. It is through the prism of the Constitution must be solved and the problem of relations decisions of the COP and the ECHR.

If we impose an external "conducting" the legal situation in the country, ignoring the historical, cultural, social situation, such "conductors" must be correct. Sometimes the strongest "- says Zorkin.

"The risk of conflict between the decisions of the courts is very limited," - said of the case Markin Chairman of the European Court of Justice, Jean-Paul Costa, explaining that the ECHR is working on a complaint on a specific case, and the Russian Constitutional Court decides on the laws in the abstract.

The case is currently not allowed Markina. "No one can reverse the decision of the Strasbourg Court, and is also the case with the Constitutional Court, it is necessary to consider the future" - said Zorkin.
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The position of Chairman of the Constitutional Court said the lawyer and politician Mikhail Barshevsky, the representative of the Russian Government in the Supreme, Constitutional and Supreme Arbitration Courts of the Russian Federation. In the radio station Ekho Moskvy, he said: "The Court may assess the decisions of the Russian courts, including the Supreme Court and the Supreme Arbitration, and the decision of the Strasbourg Court may assess our Constitutional Court. I'm not sure what kind of logic to Europeans like it."