The adoption of the law in the United States on "Magnitsky list" and the response to it Russia
MOSCOW, Dec. 18 - rape. Adoption of legislative rules to ban adoptions of Russian children by U.S. citizens will create controversy and difficult legal conflict, because such a rule directly contrary to a number of international and national laws, according to lawyers interviewed Tuesday rape.
The U.S. Senate on December 6 adopted the "Magnitsky Act" on visa sanctions against the Russians involved in the opinion of Congress, human rights violations. In response, the State Duma has prepared the "law of Dima Yakovlev", the first reading was adopted on 14 December. second reading scheduled for Wednesday , the third - on a Friday, and the entry into force of the law - in 2013.
The bill applies to U.S. citizens who have violated the rights of Russians, or were involved in the crimes against them. Second reading of the parliamentarians are going to amend the denunciations of the Russian-American agreement and the ban on adoptions by Americans.
Was contrary to the Constitution and the Code of the RF
Chairman of the Inter-regional human rights association "Agora" Pins Paul noted that the proposed rule prohibiting the adoption of Russian children by U.S. citizens, infringing the rights of the child on the basis of nationality, directly contrary to the Constitution, the Family Code of the Russian Federation, the International Convention on the Rights of the Child of 1989 and the Agreement between Russia and the United States on cooperation in the adoption of children, ratified this year.
"As to the Russian laws, the contradiction here can be removed editing the. About the same international agreements, in the case of the final adoption of the law in such a version, or Russia itself will have to raise the question of withdrawal of them, or the decision to adopt other member states, "- said the source.
With regard to the bilateral agreement between Russia and the U.S., according to the head of the "Agora", Russia could get out of it "as a whole or only in a specific part - the cooperation is to further the adoption of children."
Go completely, according to experts, this agreement Russia is unprofitable because it touches and cooperation to exchange information on the fate of the previously adopted by Americans of Russian children. "But come out of the agreement can only be with the consent of the other hand, in the present situation, it is obvious, it is unlikely," - said the expert.
The expert added that in such a conflict with the norms of international law and international agreements, Russia may not be the first time. Something like that, he said, it was in the 90 years after Russia to the Council of Europe.
"Among others, our country set conditions output from the control of the penitentiary system of law enforcement. However, in the situation and the issue was rather technical, and Russia itself has expressed the intention to improve the situation," - said the Pins.
U.S. citizens will be harmed in the rights
According to lawyer Alexander Glushenkova, decision rules prohibiting adoptions of Russian children by U.S. citizens will create "a controversial and complex legal conflict." "In theory, it should not be used because it is consistent with other laws, including the Family Code of the Russian Federation, and for this purpose should be to make the amendment and to them," - said the expert.
"The Constitution of Russia, like many other laws, establishes the supremacy of international treaties and agreements over national legislation," - recalls the expert.
According to him, U.S. citizens may be prejudiced in their rights compared with the Russians and citizens of other countries, which would give grounds for appeal "abandoned" to the Supreme and Constitutional Courts of the Russian Federation, as well as the European Court of Human Rights (ECHR).
"Last in the consideration of individual complaints may make recommendations to the authorities of the country and for the correction of any national legislation that violate the Convention on Human Rights", - said Glushenkov. Thus in the end, if the Russian authorities "will show the determination and integrity, the question may become an international political character."
"If Russia does not fulfill its obligations of certain international conventions and treaties, the question will arise of its withdrawal from such agreements," - said the expert.
In turn, the lawyer Sergei Vinokurov said that from the point of view of the adoption of the rule of law banning adoptions of Russian children by Americans is meaningless. "As Russia recognizes the primacy of international agreements over domestic laws, in this case the rule is up to the agreement between the Russian Federation and the United States on cooperation in the field of adoption of children, which have ratified the two countries," - said the source.
"Of course, the judicial practice we sometimes very different from the theory, and the ordinary courts can not ignore this fact, but the application of such a rule would create an obvious reason to appeal to the Constitutional Court of the Russian Federation", - says the lawyer.
Vinokourov believes that actually implement the initiative of deputies can only "making the same Duma of another law - the withdrawal of ratification of the agreement with the U.S. on adoption."
"Only after that can conduct other legitimate changes in national legislation in this area," - said the lawyer.