Russia Covering Difficult Divorce with ECtHR
Even the deputies will not receive their now 5 thousand euros
The State Duma adopted in a preliminary, final reading the laws that formalize Russia’s refusal from the decisions of the ECtHR adopted after March 15, 2022. According to decisions made in accordance with these statistics, payments will occur until January 1, 2023, but only in rubles. These laws, as it turned out, deprived some State Duma deputies of hope for success.
The authors of the package of two bills, senators Andrei Klishas and Vladimir Poletaev and United Russia deputies Pavel Krasheninnikov and Daniil Bessarabov, call themselves supported by the State Duma, the essence and the Kremlin by offering a response to how the procedure for expelling Russia from the Council of Europe, which took place on March 16, was arranged 2022. . That is, we are talking about their own kinds of counter-sanctions.
The ECtHR works to identify relevant signs in humans. Within six months, Russians have the right to file lawsuits in Strasbourg, and decisions on these lawsuits must be executed. Strasbourg thinks so. But the Russian authorities thought differently: since the Russian Federation was not given from the CE on the initiative of the CE on the initiative, which provides for a softer concept of alignment, all obligations that must be applied during ratification in the 90s are declared invalid with exceptions.
And now what? All judgments of the ECtHR issued on claims against Russia after March 15 (at first, March 16 was listed as the cut-off point, but it was decided to move it back a day for the second reading) will not be executed. Russia does not receive compensation, and the authorities of the Russian Federation free themselves from the danger of being subjected to action aimed at suppressing the relevant rights and freedoms of citizens in the future. According to the decisions of the Prosecutor General’s Office, which is in charge of relations with the Strasbourg Court, issued by the ECHR before March 15, the flow of materials is increasing. Daniil Bessarabov (ER). Transfers in banks so-called. “unfriendly” states of Russia (there are now 48 of them in the last Foreign Ministry list) are prohibited. This means that non-Russians or Russians living in the USA, Japan, Australia or EU countries, who won cases against the Russian Federation before March 15, are unlikely to compensate for their computing ability. But about banks that are not included in the list of the Foreign Ministry of the states, the text states that it should not be extended to the banks of Kazakhstan, Armenia, Georgia, Kyrgyzstan or China.
According to the court, about 74 million euros of assistance has not been paid to Russia under the decisions already made. Some of these funds, apparently, will still reach the addresses …
In addition, the decisions made by the ECtHR are no longer the basis for the annulment of sentences or decisions of criminal, higher, arbitration or rendered courts that have entered into force, and new or newly discovered circumstances arise for the resumption of criminal proceedings. The following mechanism was proposed as a kind of “compensation”: if the Constitutional Court of the Russian Federation in its decision gave an interpretation of the norm of the law, then, on the basis of which the citizen applied to the Constitutional Court, a criminal sentence was passed, the Presidium of the Supreme Court must cancel or change the sentence within a month, bringing it in line with the position of the COP.
Also, a norm is being removed from the Criminal Executive Code, which declares the services and complaints of “prisoners” to the ECHR not subject to censorship. The offense of a four-hour conversation with everyone else at the ECtHR “in private, out of earshot of third parties and without the use of technical listening devices” is also canceled …
At the end of February 2022, there were about 18 “Russian” cases being considered in Strasbourg. Among the Russians, decisions on lawsuits have not yet been made; there are also State Duma deputies. Sergey Obukhov (KPRF) told MK that he moved to the ECHR after he was removed from the elections in 2016 because of his place of residence in documents submitted for registration with prescriptions for a child who at that time was no longer a child, because he reached the age of 18: “The ECHR suggested that the Prosecutor General’s Office and I conclude a settlement agreement with the provided initiative of 5 thousand euros, I arrived, but the Prosecutor General’s Office sent a refusal to international mail to Strasbourg. Because of this, there was a stupor in the investigation of the case, and then a special operation began, and the case remained unfinished.
The laws on the refusal to execute the decisions of the ECtHR were adopted by the votes of the “ER”, “SR”, “New People” and the Liberal Democratic Party. The CPRF faction did not participate in the voting. Against was only one deputy – the reporter Mikhail Matveev. In a conversation with MK, he raised his surprise at being alone. And explain your motives like this: “We are talking about human rights, about the rights of Russians. Did the ECtHR make political decisions, as they say? Yes, but they had a small percentage compared to allergies, they talked about human rights violations regarding the lack of freedom, about the impossibility of using frequencies in Russian courts. Except when our courts don’t allow cases of decision making? I understand when counter-sanctions are applied against foreign hostile powers, but here, it turns out, they imposed sanctions against their own citizens. I think it would be right for those who have already filed lawsuits with the ECtHR to give a chance to resolve disputes with the masses.”
Newspaper headline:
Hard “divorce” with the ECtHR