The Constitutional Court of the Russian Federation did not recognize the decision of the ECHR in the Yukos case

The Constitutional Court of the Russian Federation has taken another step towards ensuring that Russian legislation has a higher priority than decisions of internationally committed pseudo-legal institutions. The Constitutional Court of the Russian Federation actually rejected the decision of the ECHR to pay out more than 1,8 billion dollars to former Yukos shareholders. The decision of the Constitutional Court of Russia is commented on by the chairman of the court department Valery Zorkin:

The rulings of the ECHR, based on the interpretation of the Convention, do not negate the priority of the Constitution for the Russian Federation. (...) Solving the issue of the possibility of execution of decisions, the COP should, in accordance with international obligations, find a compromise.

According to Valery Zorkin, in this case the only compromise is the impossibility to execute the decision of the European Court of Human Rights, since this decision is contrary to the basic law of the Russian Federation.

From the statement of Valery Zorkin:

Russia has the right to retreat from the duties imposed on it, if this is the only way not to violate the Constitution. The payment to the shareholders of the company of an unprecedented amount from the budget system, which did not receive from it the huge tax payments necessary to fulfill public obligations to the citizens of Russia, contradicts the constitutional principles of equality and fairness.

The point is that the top of Yukos was accused of tax evasion. That is why it is at least strange to demand compensation from Russia for Yukos shareholders from the state budget.

The Constitutional Court urged representatives of the ECHR to work on the basis of equality of positions of individual subjects, and not to abandon the dialogue.

Comments

[210ox]

Isn’t it time to stop this mess altogether! Russian law should be higher than court decisions, it is not clear to which authority.

[Zibelew]

Of course you don’t have to pay: Hodor will crack, but this is inhumane! And in general, it would be nice to return it to its place. Since the political decision of the ECHR contradicts the Russian constitution, the conclusion is clear - ignore it. Something like this.

[210ox]

Yes, you can not strain .. There is a "Berezovsky scarf" on the edge. And better that he himself and several times ... And then take it .. transportation costs.

Quote: Zibelew

Of course you don’t have to pay: Hodor will crack, but this is inhumane! In general, it would be nice to return him to his place,

[cniza]

The decision of their ships is on board, only there will be constant attempts to seize our property abroad, here we will have to "fight".

[Tatyana]

Ha! It needs to be without a head to the government of the Russian Federation, so that in general, with the threat of NATO countries by the war with Russia (!) - with the unprecedented activation of NATO aircraft along the Russian borders (!) - the Russian Federation there is something in principle (!) To pay to traitors and Russian criminals from Yukos almost $ 2 billion. !!!

Khodorkovsky, probably, before his prison "landing" also managed to hide a significant part of his capital abroad. It is with this money that he develops his political activities against Russia and, for sure, paid bribes to officials of the ECHR. Or is he in the service of Western intelligence agencies.
Therefore, the pro-American pocket ECHR ex-prisoners in a Russian prison - the owners and managers of Yukos - are in favor!
The ECHR simply seeks to ruin the Russian Federation before the war of the NATO countries (USA) with Russia - it acts alongside the military aggression of NATO countries against Russia.
There is no ECHR trust FOR LONG TIME!

[The black]

Quote: 210ox

Isn’t it time to stop this mess altogether! Russian law should be higher than court decisions, it is not clear to which authority.

Already ... Since 2015, the Russian Constitutional Court may declare unenforceable the decisions of the European Court of Human Rights and other international courts, if they contradict the Russian Constitution.

[Genry]

Quote: Black

Since 2015, the Russian Constitutional Court may declare unenforceable the decisions of the European Court of Human Rights and other international courts if they conflict with the Russian Constitution.

This does not abolish the need to amend the Russian Constitution in articles prescribing the priority of the execution of decisions of international instances. The Constitutional Court of Russia should not twitch because of every sneeze of foreign clerks.

[Genry]

A little shorter and straighter:

[You Vlad]

When only Fedorov appeared on YouTube, the people said, you’ve even been spinning around the temple! And now, after so many years have passed, the people are gradually beginning to understand what country we live in!

[itvs]

Looked Fedorov vs Shablinsky. Sad And not just sad, anger takes. Shablinsky has been teaching at the HSE since 2004. https://www.hse.ru/org/persons/68466
Doctor of Law. Professor.
In the course of the dispute with Fedorov, he first accuses Fedorov of lying, and then with surprise reads these formulations in the constitution. Well, obviously the first time he sees this text. (Watch the video - well, very entertaining!)
although the theme of his dissertation, which he defended in 1998: Constitutional reforms in Russia and the principle of separation of powers.
and he teaches at the Higher School of Economics at the department of constitutional and administrative law

Another confirmation that HSE is the stronghold of the fifth column, the neoliberal bastion. Imagine what is in the head of graduates after 5 years of teaching by such professors. Where do they go to work then? government bodies, state corporations. By the way, the HSE has a huge chunk of business - preparing bills for various ministries. They often win relevant contests, search on zakupki.gov.ru
And then we wonder where we got such an economic course. Kuzminov HSE Rector, his wife, Nabiulina. Well, who else have questions?

[itvs]

On the topic of the article.
Significant, turning events occur unnoticed. A precedent has been set. We will still remember this date. Victory will be ours, the enemy will be defeated.

[leshiy076]

Quote: Genry

Quote: Black

Since 2015, the Russian Constitutional Court may declare unenforceable the decisions of the European Court of Human Rights and other international courts if they conflict with the Russian Constitution.

This does not abolish the need to amend the Russian Constitution in articles prescribing the priority of the execution of decisions of international instances. The Constitutional Court of Russia should not twitch because of every sneeze of foreign clerks.

I am writing for all those who have never opened our basic state law. It is impossible to amend chapters 1, 2, 9 of the Constitution of the Russian Federation. Chapter 1 contains the foundations of the constitutional system and it contains the priority of international law over domestic law. Chapter 9 describes constitutional amendments and constitutional revisions. So the provisions of Chapter 1 can only be changed by adopting a new Constitution. No matter how anyone would like, including me, but it’s very difficult. Although the need to amend our Constitution is long overdue. Here, in my opinion, the main thing that has long been necessary to change: Art. 9 h. 2 Land and other natural resources may be in private, state, municipal and other forms of ownership. Are there many people in our country who are owners of natural resources? But this is our main wealth with you. Who does it all belong to today?

[datura23]

The Constitutional Court has already ruled the priority of the Constitution in Russia over international treaties.

[leshiy076]

Yes, the Constitutional Court does not have such powers as anyone would not like. And the Constitutional Court of the Russian Federation cannot make such a decision without violating the Constitution of the Russian Federation itself. Art. 15 h. 4 The universally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If the international treaty of the Russian Federation establishes other rules than those provided for by law, the rules of the international treaty are applied.

[Cat man null]

Quote: leshiy076

Yes, the Constitutional Court does not have such powers as anyone would not like

- please talk nonsense
- and has the right, and the decision was made
- the article of the Constitution that you cited only says that:

- if there is an international agreement between the Russian Federation and someone else
- in which the contract spells out certain norms that do not coincide with the norms of the legislation of the Russian Federation (this happens, yes)
- then in the scope of this agreement (and only) the conditions and norms prescribed in this agreement are observed (oddly enough).

Show me (with your finger) the agreement in which the Russian Federation undertook to recognize the primacy of decisions of the ECHR over the Constitution of the Russian Federation and, in general, the laws of the Russian Federation. Do not show, because such a contract does not exist in nature.

But no, and there are no courts (including the ECHR). Something like that

[leshiy076]

First, grasp the essence of the concept of "international treaty". In general, all these conventions, declarations and other crap fall under the concept of an "international treaty". And in your understanding, an international treaty looks like a trade agreement.

[Cat man null]

Quote: leshiy076

all these conventions, declarations and other crap fall under the concept of an "international treaty"

- undoubtedly
- I repeat, nevertheless:

Quote: Cat Man Null

Show me (with your finger) the agreement in which the Russian Federation undertook to recognize the primacy of the decisions of the ECHR over the Constitution of the Russian Federation and, in general, the laws of the Russian Federation

- so?

[Ingvar 72]

Quote: Cat Man Null

- I repeat, nevertheless:

A bore, but right. This time.

[leshiy076]

I'm talking about Thomas, and he's talking about Yerema. But where does the decision of the ECHR? Read carefully: It is written: The Constitutional Court has already ruled the priority of the Constitution on the territory of Russia over international treaties. I replied: Yes, the Constitutional Court does not have such powers as anyone would not like. And the Constitutional Court of the Russian Federation cannot make such a decision without violating the Constitution of the Russian Federation itself.

[Cat man null]

Quote: leshiy076

read carefully

- uhhh ... how hard it is with you, however ...
- I read ... carefully:

The Constitutional Court of the Russian Federation one more step to ensure that Russian law takes precedence over decisions of international biased pseudo-legal institutions. Constitutional Court of the Russian Federation rejected the decision of the ECHR...

- and where you see here

Quote: leshiy076

priority of the Constitution in Russia, before international treaties

- I’m not point-blank, at least kill mnu against the wall

Quote: leshiy076

But where does the decision of the ECHR?

- despite the fact that it is the decision of the ECHR by Yukos and was rejected by the Constitutional Court of the Russian Federation

[jaguar]

In order for Russian law to be higher, it must be observed ... first of all, by the Constitutional Court !!!!! After recognition (a little off topic of course) by the constitutional court of the Stopham movement as legal for me, it ceased to exist in general !!!!!

[APASUS]

Quote: 210ox

Isn’t it time to stop this mess altogether! Russian law should be higher than court decisions, it is not clear to which authority.

The main thing is to submit the correct information and that’s it, the patriot is on the hook!
Look at this decision on the other hand, all companies apply similar tax evasion schemes and any can be taken away, but only Yukos fell under the hot hand.
The system should include the implementation of legislation by all business entities, and not just those who managed to acquire political ambitions.

[Monos]

Though doubtful, the decision is logical. You can not give yourself to rob all sorts of scoundrels.

[Spartanez300]

That's right and done, poke everyone and you won’t get enough money.

[Flinky]

And also the Constitutional Court said that payments can be made voluntarily. But at the expense of Yukos property. In fact, the shareholders were subtly and competently sent to Khodorkovsky.

[Reserve buildbat]

Oh how!)))

From the ECtHR judgment in a similar case:

"Gr. A, returning from work earlier than usual, found in his apartment Mr. M. and J., carrying out the removal of valuables and money. Being not familiar with Mr. M. and J., Group A prevented the removal by pasture of citizens M. and Zh. with scattered rags from the entrance and closing their apartment with a lock.
Based on the materials of the case, the court found:
Gr. A is guilty of violating the rights of Mr M. and Zh. To take out valuables and is sentenced to compensation for material and moral damage to Mr M. and Zh., Including compensation for lost profits. "

Do not beat lawyers with sticks, material evidence and case materials

[oleggun]

Correctly. Paying thieves compensation is absurd.

[Holoy]

This Essence does not change! Arrests of state assets are ongoing and will be around the world ...

[DenZ]

We, too, may be offended and begin to arrest. It’s true that it’s hard to believe in it. Our liberal government as a whole is unlikely to do so (until they are greatly reached).

[Holoy]

Huge amounts of money have already been arrested in France in France - payment for the Soyuz rockets by France ...

[Cat man null]

Quote: Holoy

Huge amounts of money have already been arrested in France in France - payment for the Soyuz rockets by France ...

- this info is out of date from half a year ago still, EMNIP
- too lazy to look for a link, but information about the "release" of funds was exactly

[Evil 55]

That’s the response torpedo from Russia on the ECHR below the waterline .. You can’t do anything stupid and nasty, hoping that they will pass for children's pranks ..

[kartalovkolya]

A good start has been made, and now we need to remove from the Constitution of the Russian Federation a couple of articles subordinating our economic and financial system to anyone, but not Russia! And in general, to abolish all anti-Russian laws adopted in the "drunken stupor" EBN, then it will be possible to talk about the complete sovereignty of our country and independence from international financial fraudsters!

[Stinger]

It is right. Now let Hodor toss and turn

[Nitarius]

Yukos and all its eagles .. have long been on the bunk ..