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unclear how obligations are to be enforced. Sometimes, especially at the time of conflicts, the
enforcement is provided by great powers.
Countries differ greatly with regard to the importance attached to international obligations.
Some states consider international obligations superior to their domestic laws, but in most cases
international obligations are considered as a part of national law.
The Russian Federation has admitted the priority of international
law over national law
especially when it comes to human rights and individual freedoms. The 1993 Constitution has
confirmed the trend in Russian practice of giving a prominent place to international legal standards in
the domestic legal setting. One of the principal aims of the Constitution is to clarify the status of
international law in the Russian domestic system of law.
The Constitution contains a special clause on the relationship between international law and
the Russian domestic law. Article 15 provides that the generally recognised
principles and norms of
international law and the international treaties of the Russian Federation shall constitute an integral
part of its system of law. It also states that if an international treaty of the Russian Federation
establishes other rules than those stipulated by the law, the rules of the international treaty shall apply.
Two principal features of this article must be pointed out. Firstly, it states that international law is part
of the Russian domestic system of law. Secondly, it establishes a higher normative status for treaties
than for domestic laws. Consequently, legal regulations within Russia do not apply if their application
is incompatible with treaty provisions.
The Constitution also includes Article 17 which provides that human rights in Russia are
recognised and ensured according to the generally recognised principles
and norms of international
law. Thus every citizen of the Russian Federation in case of violation of their basic rights and
freedoms has a right to apply to one of the international organizations, for example to the European
Court of Human Rights.
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