The COP took consideration of the claim on the execution of the ECHR ruling on Yukos – RBC

the building of the constitutional court of the Russian Federation in Saint-Petersburg

Photo: Reuters/Pixstream

the constitutional court has accepted for consideration the request of the Ministry of justice of the Russian Federation on payment to the former shareholders of YUKOS oil company for €1.8 billion by the decision of the European court of human rights

the message on the website of the constitutional court it follows that the judge in the case appointed Lyudmila Zharkova.

“the Request of the Ministry of justice of the Russian Federation on the resolution of the question of the possibility of execution in accordance with the Constitution of the Russian Federation decision of the European court of human rights on 31 July 2014 in the case of OAO Neftyanaya Kompaniya YUKOS against Russia” accepted for consideration”, — stated in the materials on the court’s website.

the Session of the constitutional court of the Russian Federation will take place on 15 December 2016, it will be chaired by Valeriy Zorkin.

the Ministry of justice addressed a request to the constitutional court 12 Oct. The office considered that the obligations that the ECHR has laid on Russia, based on the application of the court “provisions of the Convention on the protection of human rights and fundamental freedoms in the interpretation, leading to their discrepancy with the Constitution of the Russian Federation”.

the Query is prepared on the basis of output of the Ministry of justice about the impossibility of execution of the resolution and conclusions of the Federal court bailiffs service and Federal tax service.

the ECHR ordered Russia to pay former shareholders of Yukos compensation in the amount of €1.87 billion in 2014. This amount consists of compensation for the fines that the Ministry of taxes and levies imposed on the company in 2000 and 2001 as a result of a tax audit, as well as the return of the 7% enforcement fee which had been charged from Yukos.

the Court found that Russia had violated the company’s right to the protection of property. The court considered that the amount of tax claims to Yukos for 2000-2001 was calculated violations. The court also considered inconclusive “the relationship between the revealed infringements [by Russian authorities] and the material injury suffered by the plaintiffs”.

In December, 2015, President Vladimir Putin signed a law authorizing the Constitutional court to ignore decisions of the European court of human rights. The adoption of this law means that at the request of the President, government or national courts, the COP can make the decision whether or not to execute the ruling of the international court, including the ECHR. The decision can not be executed in case if it contradicts the Constitution of Russia.