Politics: The State Duma adopted in the 1st reading of the law on compensation for sanctions – Sight

The State Duma adopted in the first reading a law on “Compensation for Western sanctions»

Heated discussion between the ruling majority and the opposition in the State Duma took place during the discussion of the draft law on compensation Russians affected by the unlawful decisions of foreign courts. As a result, the bill was passed, but managed to speak against him, even the head of the Ministry of Economic Development Alexei Ulyukayev.

The State Duma on Wednesday passed the first reading of the bill, according to which Russian citizens and organizations can compensate for the losses incurred by iz for unlawful decisions of foreign Themis.

«We are ready to give up everything that is acquired by overwork»

The document, which the Duma opposition assessed as “Rothenberg Law” (named known businessman Arkady Rotenberg affected by sanctions), was supported by only the party in power. For Bill 233 people voted against – 202, two abstained. Proposal to remove the Communist Party faction document review was rejected.

author of the bill – Member of the “United Russia”, a member of the Committee on Constitutional Legislation and State Duma United Russia Vladimir Ponevezhsky – has repeatedly stated that his idea is aimed primarily at the protection of ordinary Russians.

The MP also spoke about the protection of Russians in the newly acceded Republic of Crimea and Sevastopol. Possible such incident: if, for example, Ukrainian court shall make a decision about the Russians – a resident of the Crimea or firms operating in the Crimea, the Ukrainian court invades the sphere of competence of the Russian court.

However, as already noted Vzglyad initially many – first, the bloggers, and then the deputies from the Duma opposition – tied up this initiative with the arrest of some of the foreign property of the Russian businessmen due to the anti-Russian sanctions, for example, with assets of the same Rothenberg, frozen recently in Italy.

The bill was introduced on 23 September. According to the newspaper VIEW, on the eve of the Italian Financial Guard assets were frozen Rothenberg (30 million euros), included in the sanctions lists of the European Union and the United States, making it possible to link the two events.

But this interpretation seems to have been caused by Quote incorrect bill. In fact it is spread primarily on the episodes when foreign courts pursue the Russians because of rulings in the cases to be addressed by a Russian court. It is obvious that the case of the Rothenberg absolutely does not apply to him.

United Russia added, despite the fact that some people write that the law seeks to protect the Rothenberg and other wealthy Russians, it is not true. “They can protect themselves,” – said Ponevezhsky in comments he gave on the eve of the publication “Kommersant».

Foreign we pay?

Discussion of the bill at a meeting of the State Duma was unexpected, violent, began with a presentation by the author of the document. Ponevezhsky colleagues explained: The bill is to protect the rights of Russians who have been prosecuted is illegal in other countries.

«We are only talking about the notorious groundless invasion of the jurisdiction of the Russian courts. But the main purpose of the bill – the establishment of safeguards for the protection of this category of persons and giving them the opportunity to apply to the Russian court for appropriate compensation, “- explained the deputy.

« provides an opportunity to obtain compensation for the violation of the right to trial by a competent court of the Russian Federation “, – stated in the explanatory note to the document quoted by RIA” Novosti ».

After explaining Ponevezhskogo On Wednesday, the following picture emerges. Payment is expected to award the federal budget. In turn, the state will be able to recourse (the requirement to return the amount paid, which is not presented to the recipient of that amount, and the third party).

To clarify if the Russian arbitration court decides in favor of the Russians, whose rights have been violated foreign court, Russia is entitled to offset losses. This is due to the property of those who initiated the corresponding wrongful act. If payment is not sufficient – at the expense of the property of a foreign state whose court is in breach of the rights of Russians.

«Where is the logic?»

But parliamentarians from the opposition logic did not convince the author of the bill. Parliamentarians are constantly slipping on “protection oligarchs».

The deputy Olga Alimov (CPRF) asked, do so pitiable state oligarchs that parliament hastily considering a similar bill. “The bill submitted on September 23 and we are ready to give up everything that is acquired by overwork. And this is the law “On the children of war” is already a few years, and so far we’d still not consider, “- said Alimov.

Sergei Ivanov, a deputy from the Liberal Democratic Party, tried to present a legal conflict figuratively. “Well, Wanton foreign citizen has a Russian citizen, you pass by, rather than to protect Russian citizens, giving to the ear and the eye the alien, you say, wait a minute – and substituted for it another of our citizens and say,” Beat it here , but leave it alone. ” What is that such a position? Why we do not take away from them, but at the expense of our citizens are trying to compensate for the property? Where is the logic? “- Outraged Ivanov.

Oleg Nilov (” Fair Russia “) objected to the bill sponsors, I assure you that there is money in the budget to compensate victims of the Russians. “But I would argue that there is no money – Hot deputy. – They are not even on the children with oncology on defrauded investors Sberbank Soviet times. Defrauded investors, residents burnt and flooded villages also do not have enough money. And you talk about the compensation of private property ».

Communist Nikolai Kolomeytsev noticed: it turns out that the ownership of individual personalities, particularly close, much more important than property rights of millions. With regard to the property of individuals and legal entities in Ukraine, then, according to the deputy, in the spring there may be another government, and not the fact that it is not pro-Russian. “That is why, perhaps, energy and resources should be paid to other problems?” – Said the deputy.

Objections Minister

It should be noted that a few hours before the parliamentary hour in the State Duma Economic Development Minister Alexei Ulyukayev reiterated that also does not support the bill. “We are officially allowed back in April a negative opinion on the bill. In the new stage of consideration for us, he did not. This is the first – listed minister. – Second – this conclusion, we talked about the fact that there is a serious conflict with international obligations under international law ».

The third point, in terms of Ulyukaeva – from a substantive point of view, the bill actually distributes the implicit insurance for the budget foreign assets. “That is, in fact, we encourage the export of capital from the country. Therefore, from my point of view, it would be counterproductive, “- said Ulyukayev.

Do not narrow circle of people

The head of the Duma Committee on Constitutional Legislation and State supported the initiative of Vladimir Pligin Ponevezhskogo, and colleagues on the committee, and the faction “United Russia».

«Contrary to popular belief that the bill is aimed solely at protecting the narrow circle of persons, owns a considerable fortune, and is not intended to ensure the rights of a large number of ordinary citizens, I want to say that this statement is not consistent with modern realities, “- stressed the head of the Duma Committee.

Input foreign states sanctions violate universally recognized principles of property rights institutions, explained United Russia. It should be noted that the term “sanctions” in international law is used only in cases when it comes to international law of State responsibility. In Russia’s case, the question of its liability arises emphasizes Pligin.

«Today there is an objective threat ordered by the courts politically informed decisions in relation to citizens of Russia, Russian legal entities, in particular, residing in the territory of Crimea, Sevastopol, or having property in these areas, “- stated the MP.

« Taking such a law, we follow the clearly stated objectives and, instead of empty promises turn to the case, “- said the deputy chairman of the State Duma Committee on State Building Dmitry Vyatkin. Duma opposition intends to seriously work with the document in preparation for the second reading. The fact that the bill will be further developed, are not averse to a “United Russia».

«This was not worth the humanistic considerations»

Recall that the problem is obviously biased verdicts made by foreign Themis against the Russians, the legal community and the deputies were trying to solve for a long time. For example, the European Court of Human Rights has fined Russia in connection with an event occurring in Transnistria. President Vladimir Putin praised the verdict as “complete nonsense, it is absolutely illegal decision».

One of the proposals in this area was the initiative of a member of the Central Staff of the Russian Popular Front, MP Michael Starshinova, introducing a half years ago, long before the present war sanctions. In general, it was similar to the current bill. However, in the spring of 2013 the idea was not supported.

The situation changed dramatically after the reunification of Russia and the Crimea, explained in an interview with “Kommersant” he Ponevezhsky. “The implication was that after the annexation of the Crimea can be unfriendly steps against citizens who have business and property in Ukraine”, – said the author of the amendment. That’s why he has prepared a draft in April and sent it for evaluation in the government apparatus.

The first response from the government was negative. Subsequently, however, the position of the Cabinet changed. In his second recall of the government nevertheless agreed to the bill, but with the condition of its completion and “take into account comments».

«Nezavisimaya Gazeta” on Tuesday attributes this decision with your personal Prime Minister Dmitry Medvedev, who as early as 2012 on the International Legal Forum lashed out against the practice of “extending the opponent’s legal system to other countries and to foreign citizens».