ST. PETERSBURG, October 22. / /. The justice Ministry is ready to initiate a request to the constitutional court (CC) of the Russian Federation on interpretation of the judgment of the European court of human rights (ECHR) on the case of Yukos. This was reported to journalists by the Minister of justice Alexander Konovalov.
“Overall, I think it is absolutely necessary. We are ready to initiate such a request,” said Konovalov.
However, he said that has not been decided yet who exactly will return to this issue in the constitutional court. “To address the constitutional court and maybe the Supreme court of the Russian Federation and the state Duma”, – said Konovalov.
According to him, “the decision of the ECHR in this case (the Yukos case) contradicts its own case-law and unacceptable”.
The decision of the ECHR
Last year the ECHR awarded the former shareholders of Yukos more than €1,866 billion as compensation for their complaint against Russia, considered in 2011. The ECtHR came to the conclusion that a violation of article 6 (Right to a fair trial) of the European Convention on human rights when considering the Russian courts in 2000 of questions of the taxation of Yukos as the company “didn’t have enough time to prepare” his defense. Russia was to provide the Council of Europe (COE) action plan to compensate former Yukos shareholders to 15 June, however this was not done.
On 10 July the Deputy Minister of justice of Russia Georgy Matyushkin stated that further actions of the Russian authorities regarding enforcement of the supplementary provisions of the ECHR in the case of the former Yukos shareholders will be based on the legal position of the constitutional court.
In mid-July, the constitutional court ruled that the ECHR can be enforced in Russia only if they do not contradict the Basic law of the country. As noted at the meeting Sergey Mavrin, if the decision of the ECHR handed down on the complaint against Russia, against the Constitution, “such an order cannot be executed”.
Thus Mavrin refused to comment on the issue of whether become the subject of consideration by the COP in the Yukos affair. He added that a review is possible if the COP requested. “If the government does not come to us, we do not consider it,” said the judge.