The Grand Chamber
The Ministry of justice of Russia makes a complaint to the Grand Chamber of the ECHR in the decision in the case of “Kirovles”. This is stated in the press service of the Ministry, which was received in response to the request .
“The legal position of the authorities of the Russian Federation will be formed by the Ministry of justice taking into account the opinion of the competent Federal state authorities and on the basis of the case law of the European Court of human rights, including confirming the priority right of national courts on the interpretation and application of national legislation”, — stated in the statement of the Ministry. To submit a complaint to the Grand Chamber, the authority has three months.
The lawyer Alexei Navalny Olga Mikhailova said that the decision of the ECHR, is likely to survive review in a higher court. “The Ministry of justice quite often turns to the Grand Chamber, the ECHR but rarely accepts such petitions,” — said Mikhailov. She also drew attention that the Ministry of justice could use the new procedure and to apply to the constitutional court not to fulfill the ECHR’s decision, but chose to go the “old way”.
The decision of the ECHR
Tuesday, February 23, the court has published on its website the decision on the complaint of the oppositionist Alexey Navalny and businessman Peter Ofitserov. The Strasbourg court acknowledged that during the review of the “case “Kirovec” in 2013 rights were violated Navalny and Ofitserov to a fair trial (article 6 of the European Convention on human rights) and punishment without law (article 7 of the Convention).
The Strasbourg court disagreed with the applicants that the Russian authorities with the assistance of the court on the “case “Kirovec” sought not justice, but sought to discourage political activity of Navalny. While in Strasbourg pointed out that the Russian courts had to pay attention to the link between anti-corruption publications Bulk and the desire of the Investigative Committee to charge him.
The ECtHR has established that Navalny and Ofitserov were tried for acts which are impossible to distinguish from ordinary course of business, and awarded the applicants €8 thousand as compensation of moral harm. The court also ruled that Russia should pay the Bulk of slightly more than €48 thousand, and Ofitserova — almost €23 thousand for compensation of litigation costs.
The new normal
In December of 2015, President Vladimir Putin signed a law allowing the COP to ignore the decisions of international courts in case of their contradiction with the Constitution of Russia. As explained in this regard, the judge KS Sergey Mavrin, international law still has priority over national laws. “But the Constitution does not apply to ordinary laws: this is a special legal act on the top of our legal system,” he said.
In February, the constitutional court received the first referral of the Ministry of justice about the possibility of non-execution of judgments of the European court of human rights. The request relates to the ruling in the case “Anchugov and Gladkov V. Russia” dated July 4, 2013. In fact, it is about unconditional prohibition to prisoners to vote in elections regardless of the seriousness of the crime. The Strasbourg court decided that this provision is contrary to the European Convention.