Justice Ministry: the ECHR decision on the “law of Dima Yakovlev” does not mean the necessity of a revision


MOSCOW, July 4. /TASS/. Entered into force decision of the European court of human rights (ECHR), which recognized the discriminatory “law of Dima Yakovlev” does not mean the necessity of a revision. About TASS reported the press service of the Ministry of justice of Russia in response to the request of the Agency.

“In General, the provisions of the Federal law “On measures of influence on persons involved in violations of fundamental rights and freedoms of the person, rights and freedoms of citizens of the Russian Federation” have not been subjected to criticism by the European court on the subject of their differences with the established international practice. In this regard, any measures for the revision of the act by the Ministry of justice not considered”, – stressed in the Ministry of justice.

17 January 2017, the ECtHR that “the law of Dima Yakovlev”, prohibiting the adoption of Russian orphans by U.S. citizens, contrary to article 14 of the European Convention for the protection of human rights and obliged Russia to pay compensation in the amount of €3 thousand for each of the plaintiffs who filed the complaint. The court found that directly children’s rights were not violated. This decision was made following consideration of the case “A. N. and others V. Russia”.

As noted in the ECHR, we are talking about a class action filed 45 U.S. citizens “both personally and on behalf of the 27 Russian children.” After reviewing the case, the court found that “the ban on adoption in an illegal manner discriminated against the foster parents” due to the fact that deprived of the opportunity to adopt Russian children by applicants from the United States based solely on the nationality of the adoptive parents.

The ECHR has considered inadmissible the complaint that the ban led to the abuse of children, as it was found that children were provided with adequate medical assistance in Russia.

On 4 July the Grand chamber of the ECHR rejected the petition of the authorities of Russia on the revision of the decision of the ECHR in the case “A. N. and others V. Russia”. “The denial of the petition of the authorities of the Russian Federation about revision of the decision of the ECHR in the case “A. N. and others V. Russia” is not subject to appeal, in connection with which the regulation entered into force”, – concluded the Ministry of justice.

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