Influence of the ECHR case-law on the Russian legislation: rights of mentally-disabled persons

17.03.2021

Since its accession in 1998 to the ECHR, Russia has had a high number of applications, and significant case-law has been developed.  But its impact on the Russian legislation is limited due to several factors such as  the declaratory nature of ECHR’s judgments, rigid approach  taken by the Russian Constitutional court which declared the national legal primacy in 2015, etc. Nevertheless, some positive developments in the legislation have been brought about by adopting general measures to deal with the violations found by the ECHR. Thus,  9 judgments concerning violations relating to legal incapacitation and psychiatric hospitalisation,  among them the  Shtukaturov case (delivered the 27th of March 2008), have led to legislative reforms in the Civil Code, Code of Civil Procedure and the Psychiatric Care Act.    The Action report on execution of the judgments dated the 18th November 2020  reveals that  the Code of Civil Procedure and Psychiatric Care Act were  amended  by the Act 66-ФЗ of the 6th of April 2011, which introduced the  obligation to obtain a court order for psychiatric hospitalisation in the latter  and the obligation to personally inform any person who suffers from mental disease about hearing of a case, to make his/her personal participation in a court hearing possible, in the former. The major legislative reform took place in the Civil Code, which provides in its art. 30 for a third, intermediate form of legal incapacitation,  similar to that of minors between  14 and 18 years old. 

  

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