“The Constitutional Court finds it impossible to implement the ruling of the European Court of Human Rights on the case “JSC Oil Company Yukos vs. Russia". The website Prigovor.ru reminds its readers of what happened on January 19, 2017.
On this day 5 years ago, on January 19, 2017, the Constitution Court of the Russian Federation announced his decision on the question connected with paying compensation in accordance with the ruling of the European Court of Human Rights (ECtHR), taken in Strasbourg on July 31, 2014, in response to the complaint of the Oil Company Yukos. The Sitting of the Constitutional Court of the Russian Federation devoted to this question took place in an open format as early as December 2016. The decision itself the Constitutional Court, as promised, pronounced in January 2017.
The essence of the question, put forward on the initiative of the Ministry of Justice of Russia for consideration of the Constitutional Court of Russia, was as follows – has the Russian Federation the right not to pay from the federal budget compensations by decisions of the ECtHR for violations of the European Convention of Human Rights in the “Yukos case”? The question was about a sum amounting to 1.9 billion euros that the ECtHR had awarded on the claim of oil delinquents in July 2014. The Russian Ministry of Justice, as an agency, responsible for the implementation of such decisions, including decisions of the ECtHR, had doubts about the constitutionality of the verdict of the European Court of Human Rights and addressed the Constitutional Court of Russia for explications. The other party, the Yukos side, assured that there were no contradictions.
“LAW-BREAKING EFFECT OF YUKOS”
The Constitutional Court, having heard the arguments of the sides, came to the conclusion that “the activity of the company Yukos as a fraudulent tax evader, taking into consideration its place in the economy of the country, had a law-breaking effect”. The Constitutional Court of Russia found it impossible to implement the ruling of the ECtHR on the case “The JSC Oil Company Yukos vs. Russia”. Thereat, it was pointed out that the state, on the bases of goodwill, has the right “to make certain payments to former shareholders of the company suffered from the lawless actions of its management, at the account of newly discovered assets of the Oil Company Yukos.
To put it simpler, the Constitutional Court of Russia decided that the Oil Company Yukos would not receive even a kopek from Russia's budget, as the ruling of the ECtHR contradicts the Constitution of the Russian Federation.
(See the document: the Ruling of the Constitutional Court of the Russian Federation from 19.01.2017 No 1-П on the solution of the question about the possibility to implement, under the Constitution of the Russian Federation, the ruling of the European Court of Human Rights from July 31, 2014, on the case "JSC Oil Company Yukos vs. Russia" in connection with the request from the Ministry of Justice of the Russian Federation).
GRANTS OF THE “EXPERT COMMUNITY”
It’s characteristic that, apart from representatives of the fraudulent tax evader Yukos, certain Russian experts were involved in the case of the payments, who in every possible way were lobbying the idea of the obligation to pay compensations to the corporation mired in criminal activities. The picture – Russian experts demanding money from the Russian state budget for the escaped swindlers, who had robbed the Russian budget, and by the decision of the foreign court – all this looked rather absurd. But, as it turned out, the demand “to repent and pay” was based not only on the ideological convictions of the experts but also provided with foreign grants.
(See also the article “Who lobbied Yukos interests in the Constitutional Court. “The Institute of Law and Public Policy” which in its official expert evaluation advised Judges of the Constitutional Court to decide the case in favor of Yukos, received from the MacArthur Foundation 1 875 000 dollars”).
“Apart from the answer to the question of the Russian Ministry of Justice on the concrete decision of the ECtHR, the ruling of the Constitutional Court of Russia, obviously, envisaged and defined the position of the Constitutional Court for the future, thus seriously shattered the positions of the swindlers who, covering themselves with dubious decisions of foreign arbitrators, are running through the United States and Europe in the hope to receive from the Russian budget certain sums. So the question is not only about the gang headed by Nevzlin who received his jail term for masterminding a series of murders and attempted murders”, noted the website Prigovor.ru.
(See also the previous article “On this day, "Leyla, Inna, and Susanna Khodorkovsky" distributed a "Nigerian scam". “Instead of passionate requests from aides of deceased African dictators”. Spam from Khodorkovsky. The website Prigovor.ru reminds its readers of what happened on January 18, 2006.