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Doc. 8504
7 September 1999
Election of a member of the European Court of Human Rights on behalf of the Russian Federation1
Communication
Committee of Ministers
Letter from the Secretary General to the President of the Assembly, dated 28 July 1999
Mr President,
Pursuant to the decision of the Ministers' Deputies of which I enclose a copy, I have the honour to transmit to you the list of candidates for the post of Judge of the European Court of Human Rights in respect of the Russian Federation.
In the course of their informal exchange of views concerning this list, the Deputies saw no reason to change the order of the candidates as presented in the letter of the Permanent Representative of the Russian Federation.
…
Signed:
Daniel Tarschys
…
677bis meeting – 27-28 July 1999
EUROPEAN COURT OF HUMAN RIGHTS
Nomination of candidates for the election of a judge
in respect of the Russian Federation
(CM(99)102)
Decisions
The Deputies
1. took note of the candidature for election of the judges of the European Court of Human Rights presented in respect of the Russian Federation (CM(99)102);
2. agreed to transmit this list of candidates to the President of the Parliamentary Assembly.
Letter from the Permanent Representative of the Federation of Russia
to the Secretary General dated 22 June 1999
Dear Mr Tarschys,
I have the honour to inform you that the Russian Federation proposes the following candidates for the election of the judges to the new European Court of Human Rights:
1. Yuri Kudryavtsev
2. Michail Marchenko
3. Anatoly Kovler
I would also like to enclose the curricula vitae for Mr Yuri Kudryavtsev, Mr Michail Marchenko and Mr Anatoly Kovler.
Please accept, Mr Tarchys, the assurances of my highest consideration.
Signed:
Andrey Vdovin
CURRICULUM VITAE
Yuri Kudryavtsev
I. Personal details
Born on 25 September 1952 in Moscow, USSR, of Russian nationality.
Citizen of the Russian Federation.
Married for the second time, daughter of the first marriage born in 1972.
II. Education and other qualifications
Secondary school with advanced English (1959-69);
Studies at the Law School of the Moscow State University (1969-74);
Post-graduate course at the Moscow State University (1974-77);
PhD in Law (1977).
Special training courses
1982: English drafting course for the UN staff;
1983: French conversation course for the UN staff;
1983-84: UN Spanish classes;
1996: Computer course on "Microsoft Windows '95" (Siemens-Nixdorf Corp.)
III. Professional activities
1977-79: Moscow State University Law School — assistant professor;
1979-81: "Juridical Literature" Publishing House — Chief of Section on Theory and History of State and Law and International Law, Deputy Editor-in-Chief;
1981-84: United Nations Office at Geneva, Centre for Human Rights — Human Rights Officer;
1984-90: Advanced Institute of Press and Publishing — Lecturer, Chief of Chair on State and Law. Lecturing on the international mechanisms for promotion and protection of human rights, editorial and journalist activity;
1990-91: Committee for Constitutional Supervision of the USSR — Consultant on human rights matters, Chief of Section on Human Rights in Criminal Justice;
1992-present: Constitutional Court of the Russian Federation — Chief of Human Rights Division (1992), Head of the Secretariat (= Secretary General, Registrar) of the Constitutional Court (since 1992).
IV. Activity in the field of human rights
Has been dealing with human rights issues as a law teacher, as author and editor. In the Centre for Human Rights in the UN Office at Geneva, serviced sessions of the UN Committee on Human Rights, UN Commission on Human Rights, CERD and other human rights bodies and their working groups, prepared draft documents and reports. For 3 sessions was Assistant Secretary and Deputy Secretary of the Commission on Human Rights.
On the Committee for Constitutional Supervision of the USSR conducted research and prepared analytical material on legal provisions viewed in light of international and constitutional human rights standards, in the Constitutional Court has been continuously dealing with individual complaints on human rights violations, conducting and supervising expertise and preparation of documents for the court's sessions.
In January 1999 was elected member in respect of Russia of the European Committee for the Prevention of Torture; participated in the work of the committee's 38th meeting.
Other activities in this field
Participation in conferences and seminars held in Russia and abroad:
1989: Sofia: lectures on human rights problems in eastern Europe;
1993: Pretoria, lectures on the promotion and protection of human rights during democratic changes in Russia (University of Pretoria);
1986: Madrid, international conference on human rights and criminal justice;
1987: Brussels, conference on human rights organised by the International Association of Democratic Lawyers;
Geneva, participation in the work of the 43rd Session of the UN Commission on Human Rights;
1991: Paris, research on human rights and constitutional control (Constitutional Council of France and the State Council of France);
1996: Cadenabbia (Italy), seminar on human rights with the Council of Europe;
1998: Moscow, seminar organised by the European Committee for the Prevention of Torture.
V. Political activities
None
VI. Other activities
Participation in conferences and seminars held in Russia:
1993: International seminar "Constitutional Court of Russia: Experience and Problems";
1994: International Seminar on Criminal Justice in the Anglo-Saxon System of Law;
Regularly: Conferences and seminars for members of the constitutional and statutory courts of the republics and regions of the Russian Federation: conferences and seminars organised by the Centre for Constitutional Research of the Moscow Scientific Foundation.
Visiting lecturer:
1986: India, on democratic changes in the USSR;
1993: South African Republic, on the problems of transitional period in Russia and creation of democratic institutions;
1995: Switzerland, seminars on federalism in Russia (University of Fribourg).
Visiting researcher:
1992 USA, on constitutional control and American justice (the US Supreme Court and USIA ("International Visitor" Programme);
1993: France, on constitutional control (Constitutional Council of France);
1995: Yugoslavia, on constitutional control (Constitutional Court of URY, Belgrade);
1997: France, conference of the registrars of the constitutional and supreme courts of Europe (Strasbourg);
Canada, fellowship programme on human rights and federalism.
VII. Publications
Books: "Rules of Law as Social Information", Moscow, 1981, 144 pp.; "Social Deviations: introduction to the General Theory", Moscow, 1984, 320 pp.; "Social Deviations" revised edition, Moscow, 1989, 282 pp. (with S. Borodin, V. Nersesyanz); "Commentary to the Federal Constitutional Law on the Constitutional Court of the Russian Federation", Moscow, 1996, 352 pp. (with judges and staff-members of the Constitutional Court); "Commentary to the Constitution of the Russian Federation", Moscow, 1996, 552 pp. (editor and author of the Preface); "Federal Constitutional Law on the Constitutional Court of the Russian Federation" in English, French and German, Moscow, 1996, 128 pp. (one of the translators into English and French, editor and author of the Preface); C. Roulette "La Filière", Paris, 1984, in Russian — Moscow, 1986 (translator).
Other publications: about 50 articles, reviews and interviews in Russian and other languages in specialised law magazines and in newspapers on general theory of law: philosophy and theory of information; international and national law in the field of human rights (abolition of the death penalty, elimination of punitive psychiatry, rights of suspects and detainees, creation of pluralistic democracy and promotion of political rights in Russia, etc); criminal law and criminology; constitutional control.
VIII. Languages
Russian (mother tongue);
English, spoken, read and written with ease, UN language proficiency examination passed in 1981;
French, spoken, read and written with ease, UN examen d'aptitudes linguistiques passed in 1983;
Some basic knowledge of Spanish.
Curriculum Vitae
Michail Marchenko
I. Personal details
Sex: Male
Date of birth: 1940
Nationality: Russian
Married, one daughter
II. Education, academic and other qualifications
Education
1962-69: Faculty of Law of Moscow State University (MSU);
1969-70: Training course at the University of Kent (United Kingdom).
Diplomas
1969: diploma of higher education;
1971: diploma of candidate of sciences;
1981: diploma of doctor of sciences (law).
Honorific qualifications
— Academician of the Russian Academy of Political Science;
— Member of the International Academy of Information;
— Member of the Academy of Humanities;
— Member of the Academy of Information Processes and Technologies;
— Honorary member of the Japan Academy.
II. Professional activities
1971-
present time: initially Assistant, now Professor at the Faculty of Law of MSU;
1982-92: Dean of the Faculty of Law of MSU;
1991-96: Vice-Rector of MSU.
IV. Experience in the field of human rights
Teaching in the home country and abroad — lectures and seminars on the rights and freedoms of citizens in the theory of state and law.
Repeatedly invited by foreign universities (Stanford University, the University of Hofster (USA), Waseda (Japan), the University of Sydney, the University of Warsaw, Shanghai University.
V. Political activities
None.
VI. Other activities
1991-96: Member of Expert Council of the Constitutional Court of the Russian Federation;
1996- Member of Scientific and Expert Council under the President of the Council of
present time: the Federation (upper Chamber) of the Federal Assembly (Parliament) of the Russian Federation;
1996- Member of the Commission under the President of the Russian Federation on
present time: Interaction of Federal Legislative and Executive Bodies of Subjects of the Russian Federation in Realisation of the Constitutional Reform in the Subjects of the Russian Federation;
President of Law Schools Association of Russia and Head of Scientific Council of Defence of Doctoral Dissertations at the Faculty of Law (MSU);
1994- Member of the Editorial Council of the Russian-American magazine
present time: "Democratisation. Journal of post-Soviet democratisation" published in the USA.
VII. Scientific publications
Almost 200 scientific works, including 12 books, textbooks and manuals concerning the legal and political system of society, state, law, rights and freedoms of citizens. Academic course "General Theory of State and Law". Volumes 1-2/M., 1997; Textbook "Theory of State and Law" (2nd ed.). M., 1997; book "Political Theory and Practice in the Modern Western Countries". M., 1992; book "Theory of Separation of Powers: History and Modern Development". M., 1997; textbook "Political Sciences" (3rd ed.). M., 1999 etc. At the present time he brings to an end a manual on comparative law with the special emphasis on rights of peoples and citizens.
VIII. Languages
Mother tongue: Russian;
English — spoken, read and written with ease;
Other languages: German — working knowledge.
Curriculum Vitae
Anatoly Kovler
I. Personal details
Date of birth: 26 August, 1948
Place of birth: Sary-Khasar, Tadjikistan, USSR
II. Education, academic and other qualifications
Education
1966-71: Moscow State Institute of Foreign Relations, International Relations Faculty;
1973-77: Post-graduate studies. Institute of Comparative Political Studies of Academy of Sciences;
1985: Research studies. Florence and Bologna University, Italy;
1988: Maison des Sciences de l'Homme, Paris, France.
Diplomas
1971: Diploma of Higher Education;
1978: Diploma of Candidate of Sciences (History);
1991: Diploma of Doctor of Sciences (Law);
1993: Professor Diploma.
Honorific qualifications
1994: Merited Lawyer of the Russian Federation;
1995: Academician of the Russian Academy of Political Science;
1998: Associate Member of the International Academy of Comparative Law.
III. Professional activities
1977-78: Scientific editor. Academy of Sciences;
1979: Institute of State and Law, Russian Academy of Sciences
1979: Senior researcher;
1985: Researcher;
1987: Head of department;
1992: Head of the Centre of Comparative Law, and
1996-present: at the same time Editor-in-Chief of the "State and Law Review".
Teaching in Russia:
— Moscow State Institute of International Relations (1978, 1980) — constitutional law of France;
— Moscow State University, Faculty of Sociology (1988-91) — history of political institutions;
— Russian Academy of Management (1992-94) — theory of law, constitutional law;
— Academic University of Law under the Institute of State and Law (1995-99) — anthropology of law, comparative jurisprudence;
— High School of Economy (1998) — comparative jurisprudence.
Teaching abroad (visiting professor):
— Université Libre, Brussels (1989) — Soviet law;
— Universita Statale di Milano (1990, 1992) — Political institutions and law of the USSR and Russia;
— Université d'Aix-en-Provence, France (1991, 1992) — Russian law;
— Université de Genève (1992) — Russian law;
— Georgetown University, Washington, DC (1993) — Russian constitutional law;
— Université de Paris I — Sorbonne (1994, 1997, 1998, 1999) — Russian constitutional law;
— Université de Paris X — Nanterre (1996, 1997, 1998, 1999) — introduction to the Russian law, Russian constitutional and administrative law, juridical translation;
— Institut Européen des Hautes Etudes Internationales, Nice, France (1993, 1995, 1996, 1997) — comparative law of the C.I.S. Human rights in the C.I.S;
— Collège Universitaire d'études fédéralistes, Aoste, Italy (1994, 1995, 1996, 1997) — theory and practice of federalism;
— Université d'Antilles-Guyane (Guadeloupe) (1997) — Russian law, local government;
— Université de Montpellier I — Institut du Droit Européen des Droits de l'Homme (1998) — Russian law, constitutional jurisprudence, human rights in Russia;
— Université d'Aix-en-Provence, France (1998) — seminar on national minorities in Russia.
IV. Activities and experience in the field of human rights
— Association of Soviet lawyers, member of the human rights commission (1979-90).
— "Interlegal" International Foundation, Moscow (1989-96) — legal assistance to social associations and movements, to independent candidates for legislative elections.
— Russian Centre of Electoral Technologies and International Foundation of Electoral Systems (1994-96, 1999) — teaching of elections' observers, legal assistance to human rights movements.
— Russian Association of Peace and Entente (1993, 1995, 1996) — monitoring of human rights during the electoral campaigns.
— Soros Foundation — Kyrghizstan (1997, 1998) — teaching of the members of human rights organisations of middle Asia (comparative constitutional law, civil rights, theory of human rights, human rights under Islam).
— Institute of Human Rights of the International Bar Association (London) (1993-96) — member of council.
— Council of Europe (1997-98) — member of the group of independent Russian experts on the problems of human rights in Russia; comments for the Russian edition of "Law and Practice of the European Convention".
— Russian Foundation of Legal Reforms/Legal Culture Project (1998-99) — elaboration of teaching programmes on human rights for the population of Russia.
V. Political activities
No activities.
VI. Other activities
Social activities:
— Member of the Presidium of the Association of Soviet Lawyers (Russian Lawyers since 1992) (1987-91, 1992-98);
— Founder member of the International Foundation "Interlegal" (1989-99);
— President of the "Association des Amis de la France" (since 1992);
— Founder member of the Humanitarian Centre "Strategy" (since 1993);
— Founder member of the "Club-93" (since 1993);
— Member of the Editorial Boards: "Droit et Cultures" (France, since 1993), "Europa Domani" (Italy, 1992-98);
Scientific Associations:
— Soviet (Russian) Association of Political Science (since 1979);
— Societa Italiana di Studi Elettorali (since 1985);
— Société Jean Bodin de l'histoire des institutions politiques, Bruxelles (since 1989);
— Association de l'Anthropologie du Droit (since 1992);
— Société d'histoire des idées politiques et juridiques, Aix-en-Provence, France (since 1992);
— International Association of Comparative Law (since 1998).
Expertise:
Working group of the Supreme Soviet of the Russian Federation (Draft-law on political parties)
— Expert of the Constitutional Court of the Russian Federation: Case CPSU v. Eltsine (1992), Case of the April Referendum 1993 (1993), Case of the Electoral Legislature (1998);
— Expert of the Constitutional Assembly on the draft of the new Constitution (1993);
— Member of the Scientific Council of the Central Electoral Commission of the Russian Federation (drafts of the electoral laws) (1994-99);
— Expertise of the draft-law on public administration, on associations, on elections etc of the State Duma of the Russian Federation (1994-98);
— Expert of the Russian delegation during the Dayton peace talks on Bosnia (1995);
— Member of the independent group of Russian experts invited by the Council of Europe (1997-98).
VII. Scientific publications
Monographs:
— France: parties and elections. Moscow, 1984;
— Democracy and political participation. Moscow, 1986;
— Historical forms of democracy: problems of political and legal theory, Moscow. 1990;
— European integration: legal problems. Moscow, 1992 (co-author);
— Institutions of self-government: historical and legal aspects. Moscow, 1995 (co-author);
— Parliamentary Law. Moscow, 1995;
— Electoral technologies: Russian and foreign experience. Moscow, 1995;
— Crisis of Democracy? Moscow, 1997;
— From "European idea" to the "European Federation". Moscow, 1999 (in press) articles, scientific publications — more than 100 titles on constitutional law, democracy, human rights, comprising above 30 publications on human rights published in Russia, Italy, Belgium, France, USA, Greece, Bulgaria, etc.
VIII. Languages
French, English, Italian — fluent;
Spanish, German, Turkish — reading.