The constitutional court has appointed date of consideration of the request of the Ministry of justice about the possibility not to obey the ECHR ruling in the Yukos case
The constitutional court of Russia has accepted for consideration the 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). This is stated on the website of the COP.
The constitutional court will consider the request of the Ministry of justice about the possibility of the execution of the ECHR ruling in the Yukos case at a public meeting on December 15. “The session of the constitutional court of the Russian Federation (in the case of Yukos) will be held on 15 December 2016″, – stated on the court’s website.
The request of the Ministry of justice was sent to the constitutional court on 12 October 2016. 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 ruledthat some decisions of the ECtHR now fail if they are contrary to the fundamental law of the country. The justice Ministry has promised to 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 a lawallowing 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 justice Ministry appealed this decision. However the ECHR the complaint dismissed, and 16 Dec 2014 the decision is still in 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.