“All the Russian obligations under international law, including those deriving from its international treaties, remain effective and are not subject to revision,” Antonov said addressing concerns that arms control agreements or international contracts may be affected.
He said that the amendment “in no way” alters Article 15 of the Constitution which states that Russia shall apply rules of its international treaties if they contradict domestic legislation.
“This amendment provides that any decisions of interstate bodies adopted on interpretation of an international treaty of the Russian Federation that contradict the Constitution, as well as any decisions of foreign or international courts and arbitration panels, shall not be executed,” the ambassador explained. “The Constitutional court of the Russian Federation will receive the competence to define the possibilities to execute such judicial decisions."
Antonov argued the novelty is consistent with foreign legal practices.
“For instance, despite not being directly set forth in the US Constitution, such provisions are found in the American judicial precedents – in the court rulings Medellin v. Texas, 2008; Reid v. Covert, 1956-1957. Such norms are incorporated in the constitutional law of other countries - Austria, Finland, Georgia, Germany, Italy, Republic of South Africa, United Kingdom,” Antonov said.
The constitutional amendment will be put to a popular vote in Russia. It was initially scheduled for late April but postponed until after the coronavirus outbreak.
