The Activity of the European Court of Human Rights: How Much of a Threat Is It to Russia's National Security?


Senior Lieutenant O.P. SIBILEVA

Abstract. The author examines Russia's national security problems originating from the flaws in its legal system and takes a close look at the operation of Russian courts and the European Court of Human Rights.

Keywords: national security of the Russian Federation, human rights, judicial system of the Russian Federation.

Paragraph 6 of the Russian Federation's National Security Strategy to 2020 signed into law by the President in his Decree # 537 on May 12, 2009,1 offers a definition of national security as "the status of protection of the individual, society, and the state against internal and external threats that safeguards the constitutional rights, freedoms, decent quality of life and living standards of the citizens, and the sovereignty, territorial integrity, and sustainable development of the Russian Federation, and the defense and security of the state."

The national security of the Russian Federation is maintained by the determined efforts of government and nongovernmental institutions and citizens to identify and forestall threats to the individual, society, and the state, and to protect the national interests of the Russian Federation.2

All branches of government, including the judiciary that in, in the view of some authors, the legal foundation for a country's national security system and statehood,3 guarantor of its citizens' constitutional rights and liberties, recognizes and reinstates equity, and rules on measures to be applied against a wrongdoer,4 are involved in maintaining national security.

The Russian Federation proclaimed itself to be a law-abiding state and declared the individual and his rights and freedoms to be of supreme value5 16 years ago, on May 5, 1998, and ratified the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, and from that date on, all persons residing legally on its territory have been entitled to appeal to the

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European Court of Human Rights in Strasbourg, France (hereinafter the European Court, ...

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