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An impact of case law of the European Court of Human Rights upon the legal system of the Russian Federation
Srstková, Nela ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
One of the key issues discussed over the last few years in connection with the ECHR is a large number of individual applications lodged to the court although the court does not have sufficient capacity to resolve them. The majority of the cases falls into category of so- called repetitive cases. This thesis aims to identify the tools, ECHR disposes of, and to what extent those tools may affect national legislation and case law of national courts. Reforms of problematic institutes at the national level implemented as a result of the ECHR decisions are able to exclude the future influx of repetitive cases to this transnational judicial authority. The process of the influence of ECHR case law on national legal systems is analyzed on the example of Russian Federation, which currently holds the first place regarding the number of individual applications that have been filed with the ECHR.
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An impact of case law of the European Court of Human Rights upon the legal system of the Russian Federation
Srstková, Nela ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
One of the key issues discussed over the last few years in connection with the ECHR is a large number of individual applications lodged to the court although the court does not have sufficient capacity to resolve them. The majority of the cases falls into category of so- called repetitive cases. This thesis aims to identify the tools, ECHR disposes of, and to what extent those tools may affect national legislation and case law of national courts. Reforms of problematic institutes at the national level implemented as a result of the ECHR decisions are able to exclude the future influx of repetitive cases to this transnational judicial authority. The process of the influence of ECHR case law on national legal systems is analyzed on the example of Russian Federation, which currently holds the first place regarding the number of individual applications that have been filed with the ECHR.
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Development of Russian federalism 1994-2008: theory nad praxis the case of Republic of Tatarstan
Srstková, Nela ; Svoboda, Karel (advisor) ; Šír, Jan (referee)
In Post-Soviet Russia new federal model was established in a very short time. It negatively influenced its future functioning. With the aim of precluding the secessionism of certain federal subjects, government decided to solve this situation by signing special bilateral agreements with part of them. Those agreements were breaching Russian Constitution adopted in 1993 but on the other hand, they brought a desired stability to the whole country. In my thesis I described a legal model of the federal arrangement and observed the differences between legal theory and practice, based on the agreements, mentioned above. Vladimir Putin, who became Russian president in 2000, started to reform federal system significantly. The main pillar of the reform was comprised by a bunch of federal laws adopted predominantly at the beginning of his presidency. Those laws were created in order to revise the advantages which were given to regions in the bilateral agreements. Legal theory and practice came closer together again. Is it possible to say that Russia set out on the journey of rule of law? My thesis will describe this development from the legal point of view. As the case study on which I want to demonstrate my conclusions I chose the Republic of Tatarstan.
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