the Secretary General of the Council of Europe thorbjørn Jagland during his official visits to Moscow, where he met with President Vladimir Putin, with state Duma speaker Vladimir Volodin, expressed the hope that the constitutional court will find a fair solution when consideration of the request of the Ministry of justice about the impossibility of the execution of judgments of the ECHR on Yukos case.
“We expect that a solution is found for this issue”, – quotes the words of Jagland RIA “Novosti”. The politician said that at the moment “by saying that the decision could not be implemented.” Jagland recalled that the two countries had before the court has a corresponding obligation. “I hope the constitutional court will find a good solution, as he had done in previous cases,” he added.
Earlier, Russia’s constitutional court took into consideration request of the Ministry of justice of the Russian Federation about the possibility not to pay the former shareholders of Yukos € 1.8 billion by the decision of the European court of human rights (ECHR) and has appointed a public meeting on this matter on December 15.
the Request of the Ministry of justice was directed COP 12 in October this year. The document was prepared in accordance with the provisions of Chapter of the Federal constitutional law “On the constitutional court of the Russian Federation” on the basis of output of the Ministry of justice on the impossibility of execution of ECtHR judgments, and conclusions of the Federal bailiff service and Federal tax service, said the Agency.
According to the Ministry, the obligations imposed on Russia by the ECHR ruling in the Yukos case, based on the application of the European court of justice provisions of the Convention on the protection of human rights and fundamental freedoms in the interpretation, leading to their discrepancy with the Constitution.
In July 2015, the constitutional court of the Russian Federation decided that some decisions of the ECtHR now fail if they are contrary to the fundamental law of the country. The Ministry of justice promised respond to the decision of the European court on the suit of Yukos in accordance with this verdict.
In December 2015, Russian President Vladimir Putin signed the law, allowing the COP to recognize the enforceability of decisions of international courts, primarily the ECHR, in case of their contradiction of the Constitution.
In July 2014, the European court of human rights ordered Russia to pay former shareholders of Yukos compensation in 1.86 billion Euro and 300 thousand euros as compensation of legal costs. The ECHR came to the conclusion that there was a violation of article 6 (“Right to a fair trial”) of the European Convention on human rights under consideration by the Russian courts in 2000 of questions of the taxation of Yukos as the company “did not have sufficient time to prepare” his defense.
the Russian Ministry of justice appealed decision. However, the ECtHR complaint rejected, and Dec 16, 2014, decision entered into force. Energy company YUKOS was declared bankrupt in 2006. Its former shareholders claim that the Russian authorities had illegally acquired the assets of the Corporation.
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