The State Duma has passed laws that will allow Russian courts not to execute decisions of the European Court of Human Rights, adopted after March 15. The decisions of the Russian courts will take precedence over the decisions of the ECtHR
European Court of Human Rights
The State Duma adopted in the second and third readings two bills (1, 2) on non-execution of decisions of the European Court of Human Rights (ECHR), follows from the base of the lower house of parliament.
These laws will allow Russian courts not to enforce decisions of the ECtHR taken after March 15. In addition, compensation payments under ECtHR judgments that entered into force before this date will only be made in rubles to accounts in Russian banks. According to the document, payments cannot be made “to accounts in foreign credit institutions” located in unfriendly states.
In addition, the decisions of the Russian courts will take precedence over the decisions of the ECtHR.
Since Russia's accession to the European Convention on Human Rights, the ECtHR has submitted 3,395 Russian cases to the Committee of Ministers of the Council of Europe, the CE reported. The total amount awarded by the court to the applicants against Russia exceeded €2bn, including a record €1.9bn in favor of former Yukos shareholders. The amount of compensation awarded, excluding the Yukos case, amounted to €148 million, of which Russia paid €74 million.
Russia ceased to be a member of the Council of Europe in March. After a committee of the Parliamentary Assembly (PACE) called for Russia to be expelled from the CE for “incompatible with the status of the country”; members of the organization actions, the Foreign Ministry announced that Russia itself was leaving the Council of Europe. According to the Deputy Speaker of the State Duma and the head of the Russian delegation of Russia to PACE, Pet Tolstoy, the decision was made in connection with the “unprecedented political and sanctions pressure.” and Russia does not plan to pay an annual fee to this organization. Later, PACE voted to exclude Russia from the Council of Europe.
After Russia left the Council of Europe, the ECtHR suspended consideration of complaints against the country, but later reversed this decision, saying that it would consider them until September 16.
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Against the background of these events, Russia began to create an alternative to the ECtHR, said Sergei Stepashin, chairman of the Russian Bar Association. In addition to him, the working group will include representatives of the Ministry of Justice, the Investigative Committee and the presidential administration.