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“The court’s obligation to justify a court decision (the position of the Supreme Court of the Russian Federation and the ECHR), but taking into account national legal features” — Tatyana Tereshchenko’s blog

The Supreme Court of the Russian Federation included in the "Review of the practice of interstate bodies for the protection of human rights and fundamental freedoms No. 10 (2020)" the decision of the European Court of Human Rights on the complaint No. 3811/17 "Velilyaeva v. the Russian Federation" (issued and entered into force on October 6, 2020) (ECHR Decision No. 3811/17).

The decision established a violation of article 6, paragraph 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms (the 1950 Convention) in connection with the violation of the applicant's right to a fair trial. The applicant complained that the refusal of the domestic courts to grant her application for an installment payment of the State fee due to lack of funds violated her right of access to the court. She also complained about the unfounded decisions of the courts that rejected her applications for installment payments.

The 1950 Convention is an international treaty of the Russian Federation and, as a result, part of its legal system. In this sense, if we do not go into the subtleties of constitutional interpretation (say, the decision of the Constitutional Court of the Russian Federation of 19.04.2016 No. 12-P), the decisions of the ECHR and the positions given in them are also part of the Russian legal system (paragraph 4 of Article 15 of the Constitution of the Russian Federation).

The fact that the Supreme Court of the Russian Federation included this decision in its Review gives reason to believe that the Supreme Court of the Russian Federation shares and supports the position of the ECHR.

The ECHR Decision No. 3811/17 is interesting for its explanations concerning the "right to a fair trial", which is equally applicable to state courts and to arbitration (arbitration courts) (and, in a mirror, applies to the parties to the dispute).

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