The opposition leader Alexei Navalny
The Ministry of Justice is appealing the decision of the human Rights European Court of “the cause” Kirovlesa “. ECHR eve awarded oppositionist Alexey Navalny compensation, finding that he was convicted of “ordinary course of business»
Grand Chamber
Russian Ministry of Justice filed a complaint to the Grand Chamber of the ECHR decision on the “case” Kirovlesa “. This is stated in the press service of the ministry, which came in response to the RBC request.
«Appropriate legal position of the Government will be formed Ministry of Justice of Russia, taking into account the views of the competent federal authorities and on the basis of the case law of the European Court of human Rights, including confirming the priority right of national courts on the interpretation and application of national law “, – stated in a ministry statement. In the complaint to the Grand Chamber at the Ministry has three months.
The lawyer Alexei Navalny Olga Mikhailova told RBC that the ECHR decision is likely to stand in the consideration in a higher court. “Ministry of Justice of Russia quite often refers to the Grand Chamber, but the ECHR rarely satisfies such petitions” – said Mikhailov. It also noted that the Ministry of Justice could take advantage of the new procedure and to apply to the Constitutional Court, in order not to execute the decision of the ECHR, but rather to follow the “old way».
The ECHR decision
on Tuesday, 23 February ECHR published on its website the decision on the complaint of opposition leader Alexei Navalny and businessman Peter Ofitserova. The Strasbourg court found that during the examination of the “case” Kirovlesa “Navalny’s rights were violated in 2013 and Ofitserova to a fair trial (Article 6 of the European Convention on Human Rights) and the punishment without law (Article 7 of the Convention).
The Strasbourg court did not agree with the applicants that the Russian authorities with the help of the court on the “” Kirovlesa “case sought not justice, and sought to prevent the social and political activities of Navalny. Here in Strasbourg indicated that Russian courts would have to pay attention to the relationship between anti-corruption publications Navalny and the desire of the Investigative Committee to charge him.
The ECtHR found that the bulk and Ofitserova tried for acts that can not be distinguished from ordinary entrepreneurship, and awarded the applicants for € 8 thousand. for non-pecuniary damage. The court also ruled that Russia must pay Navalny little more than € 48 thousand, and Ofitserova -. Almost € 23 thousand for the reimbursement of costs
New Normal
<.. p> in December 2015, President Vladimir Putin signed a law allowing the COP to ignore the decisions of international courts in case they conflict with the Constitution of Russia. As explained in connection with the CC judge Sergey Mavrin, international law still takes precedence over national laws. “But the Constitution does not apply to ordinary law: this is a special legal act, being on top of our legal system”, – he said
In February, the Constitutional Court received the first call of the Ministry of Justice about the possibility of non-execution of the European Court decisions. human Rights. The request concerns a court decision on the case “Anchugov and smooth against Russia” on July 4, 2013. In fact we are talking about an unconditional ban prisoners to vote in elections regardless of the severity of the crime. The Strasbourg court ruled that this provision is contrary to the European Convention.
No comments:
Post a Comment