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Perspectives for Implementing Part 1 of Article 6.21 of The Code of the Russian Federation on Administrative Offences in Relation to the Decisions of The European Court on Human Rights of June 20, 2017 Regarding the Case 'Baev and Others against the Russian Federation' (Complaints 67667/09, 44092/12, 56717/12)
Abstract.The authors of this article analyze the problems and perspectives of implementing provisions of the Russian law prohibiting propaganda of non-traditional sexual relations relations to the underaged taking into account decisions made by The European Court of Human Rights. The authors touch upon approaches and arguments of international and national judicial authorities and analyze judicial practice o fRussian courts on implementing the provisions of The European Court on Human Rights on restriction of rights and discrimination. The authors deine drawbacks of the Russian law prohibiting propaganda of non-traditional sexual relations to the underaged. The methodological basis of the research includes system-structure, formal-logical and hermeneutical methods. Special law methods used by the authors included cmparative law and formal law methods. Based on the authors, Russian Federation courts tend to ignore arguments of The European Court on Human Rights and demonstrate a conservative approach appealing to traditional values and religious morals while ignoring scientifically proved facts. The European Court on Human Rights' approach is based on facts about society's development and modernization of social relations as well as scientifically proved data. The term 'non-traditional sexual relations' used by the Russian legislation is also very contradictory and not defined by the law in full which makes it difficult to implement the provisions of the law and violates the principle of legal certainty. The decision would be to exclude the provisions prohibiting propaganda of non-traditional sexual relations to the underaged from the shere of law.
Keywords: sexual orientation, freedom of expression, implementation, discrimination, human rights, homosexuality, propaganda, margin of appreciation, public order, restriction of rights
Article was received:28-11-2017
This article written in Russian. You can find full text of article in Russian here .