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Конституционный суд РФ признал решение Европейского суда по правам человека противоречащим Конституции

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What happened?

Today, January 19, the Constitutional court of the Russian Federation ended its session at the European court of human rights on the payment to former shareholders of YUKOS in the amount of €1,866 billion. The Court considered the judgment of 31 July 2014 and came to the conclusion that it cannot be performed by Russia, as its content is contrary to the Constitution of the country.

The Essence of the issue

In the summer of 2014, the former shareholders of Yukos filed a lawsuit in the European court of human rights to reimburse their costs from the liquidation of the company. The ECHR, despite the protest of the Russian side, satisfied the demands of the plaintiffs and ruled that Russia should pay € 1.86 billion in damages to the victims. The following appeal of the Ministry of justice of the Russian Federation was rejected.

The Ministry of justice questioned the possibility of the execution of judgments of the ECHR and filed the constitutional court to review the decision of the European court for conformity with the Constitution. The meeting was scheduled for January 19, and, contrary to fears of sceptics, ended on time.

Announcing the results, Chairman Valery Zorkin said that the enforcement of the ECHR decision is impossible. According to the court, decisions of international courts should not contradict the provisions of the Constitution. Zorkin also said that Russia has the right to partially satisfy the claims of former shareholders of Yukos within the framework of “goodwill”, however, means for this cannot be taken from the budget of the Russian Federation.

The authorities

The first Deputy Chairman of the Duma Committee on state building and law Mikhail Emelyanov called the constitutional court’s decision “completely natural”. The MP also noted that most ECHR decisions have political overtones, that casts doubt on the impartiality of the Western Themis:

“The YUKOS Case” and “the law of Dima Yakovlev” are sensational cases, as they affect the interests of many people, but there are less high profile case, which is also seen the political partisanship of the ECHR

The official Kremlin refused to comment on the decision of the COP, leaving judicial matters in it’s jurisdiction. However, the press Secretary of the President Dmitry Peskov said that Russia will continue to protect its interests in international law.

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