Resolution No 5 on Application by Courts of General Jurisdiction of Commonly Recognized Principles and Norms of International Law and International Treaties of Russian Federation

In: International law reports, Band 150, S. 726-740

Abstract

726Relationship of international law and municipal law — Treaties — Customary international law — Commonly recognized principles and norms of international law — Definition and content — Norms recognized as mandatory by international community as whole — Principle of universal respect for human rights — Principle of fair implementation of international obligations — International treaties of Russian Federation — Application by courts — Treaties having direct effect in Russian Federation — Treaties to which Russian Federation consenting to be bound having precedence over laws of Russian Federation — Treaties requiring implementation in Russian Federation — Vienna Convention on the Law of Treaties, 1969 — European Convention on Human Rights, 1950 and Protocols — Commonly recognized principles and norms of international law and treaties being component part of legal system of Russian Federation — Article 15(4) of Constitution of Russian Federation — Federal Law No 101-FZ of 15 July 1995 on International Treaties of the Russian Federation — Commitment to principle of fair implementation of international obligations — Application of international law in Russian Federation — Clarifications to ensure correct and uniform applicationTreaties — Function — Definition — Interpretation — Application — Effect — Treaties having direct effect — Official publication of treaties — Consent to be bound by treaty — Entry into force — Treaties to which Russian Federation consenting to be bound having precedence over laws of Russian Federation — Treaties requiring implementation — Treaties obliging States to make certain offences punishable under national law — Criminal Code of Russian Federation — Federal Law No 101-FZ of 15 July 1995 on International Treaties of the Russian Federation — Constitution of Russian Federation — Vienna Convention on the Law of Treaties, 1969State succession — Treaties — Russian Federation and USSR — Treaties signed by USSR constituent part of legal system of Russian Federation727Human rights — Rights and liberties of man — Rights in conformity with commonly recognized principles and norms of international law and international treaties of the Russian Federation having direct effect in jurisdiction of Russian Federation — European Convention on Human Rights, 1950 and Protocols — Entry into force in Russian Federation — Federal Law on Ratification of 30 March 1998 — Interpretation and application — European Court of Human Rights — Articles 17(1) and 18 of Constitution of Russian Federation — The law of the Russian Federation