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Russia’s Constitutional Court to consider implementing ECHR decision on Yukos case

November 11, 2016, 12:52 UTC+3

The Russian Justice Ministry believes the ruling of the ECHR on the Yukos case against Russia contradicts Russia’s Constitution

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© Vadim Zhernov/ITAR-TASS

ST. PETERSBURG, November 11. /TASS/. Russia’s Constitutional Court has agreed to consider a request of the Justice Ministry on whether it is possible to implement the decision of the European Court of Human Rights (ECHR) on the Yukos case, the court said on its website.

"It has been accepted for consideration," the court said.

The ministry’s request on the possibility of implementing the additional ruling of the ECHR on the Yukos case against Russia was submitted to the Constitutional Court on October 13. The ministry said the decision is based on the application of the provisions of the European Convention on Human Rights but the wording contradicts Russia’s Constitution.

In 2014 the ECHR ruled that former Yukos shareholders are entitled to €1.866 bln in compensation following their complaint against Russia issued in 2011. The ECHR concluded the 2000 inquiry into Yukos’ taxes by Russia’s government violated the European Convention on Human Rights. Russia hence had to present to the European Council a plan on compensation payments to former Yukos shareholders before June 15, however it was not done.

In December 2014 Russia’s Justice Minister Alexander Konovalov said "the decisions of the ECHR may not be enforced, it is up to the good will of the European Council member-states."

In mid-July, Russia’s Constitutional Court ruled the decisions of the European Court of Human Rights may take force in Russia only on condition they do not contradict Russia’s Constitution. As Judge Sergey Mavrin noted, should a decree issued against Russia be in violation of the Constitution, "it cannot be carried out".

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