A. I. KOVLER, head of the Center of the legal issues of integration and international cooperation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
Yu. E. IBRAGIMOVA, junior research fellow of the Department of implementation of judicial decisions into the Russian legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
A. I. SIDORENKO, senior research fellow of the Department of implementation of judicial decisions into the Russian legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
Z. N. BEDOEVA, junior research fellow of the Department of financial, tax and budget legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
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The article is devoted to the VII International Congress of Comparative Law “The National and the Universal in Law: From Traditions to Postmodernism” held in December 2017. Among the participants of the Congress there were eminent Russian and foreign scholars and dignitaries who highlighted the urgent character of the conflict problem of international and domestic law models. Constitutional models of the correlation of national acts and international law basically have sufficient differences (the view of international law from the perspective of a range of constitutionally provided sources, the determination of their legal status in national law, the means of constitutional entrenchment, etc.). At the same time the pattern similarity is often manifested in establishing the priority value of common (universally recognized) provisions of international law in relation to “ordinary” national legal acts and in the lack of regulation of their correlation with constitutional norms. As a result the problems of correlation and interrelation of constitutional and international law in national systems are still among the debatable issues. The participants of the Congress also underlined the issue of conflicting norms of constitutional and international law, in particular in connection with discovering such a “collision” of regulators in the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights. As constitutional jurisprudence shows, the legal measures taken in result of such collisions justify their legal capacity as subjects of national (constitutional) and international laws’ coordination, during which any scenario of legal correlation and its order can be implemented, taking into account the prioritization of any of them. In speeches of the Congress participants there also was a consideration of the interaction issue of national and universal elements in various branches of law.
Keywords: international law, national law, European Court of Human Rights, jurisprudence, constitutional development.