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Title of Article

THE MARGIN OF APPRECIATION IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS: ADMISSIBLE LIMITS AND BOUNDS OF SUPPLENESS


Issue
6
Date
2016

Article type
scientific article
UDC
341.645.5
Pages
130-136
Keywords
 


Authors
Kuznetsova S.N.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The article considers some issues having regard to the current trends and key concepts of the European Court of Human Rights in the application of the margin of appreciation doctrine. We present an analysis of the recent judgments of the ECHR in relation to Russia which became a source of confrontation between the European Court and the Constitutional Court of the Russian Federation. An evaluation is presented of these judicial bodies' legal positions. The conclusion is made about the reduction of the states’ margin of appreciation, even in the absence of a European consensus on some issues of human rights and fundamental freedoms, as well as in cases when national security needs to be ensured.

File (in Russian)