On Wednesday, the State Duma adopted in the first reading a bill on budgetary compensation Russians for unjust decisions of foreign courts, which the media has dubbed the “law of the villas Rothenberg.” 233 deputies voted “for”, 202 – against. The document’s authors insist that the law is to protect the property of Russian citizens in the Crimea on the decisions of the Ukrainian courts. Critics point out that the bill is too vague and is not about Crimea.
A representative of the lower chamber of the Supreme Court of Vladimir Ponevezhsky introduced his bill on 23 September. It is proposed to supplement the law “On compensation for the violation of the right to trial within a reasonable time, or the right to enforcement of the act within a reasonable time” provision, under which handed down by foreign courts to decide cases within the jurisdiction of the Russian courts recognized clearly unjust. And the Russians have the right to go to court to obtain compensation from the budget, if such decisions caused them damage to property. In turn, the Russian Federation to cover the cost of the budget will be entitled to recourse to a foreign country, the court ruled that a failure of justice.
In the day of submission of the bill was £ izves understood the arrest in Italy, villas and hotels close to Putin businessman Arkady Rotenberg. The blogosphere and the media document immediately dubbed the “law of the villas Rothenberg.” Last week, the relevant committee of the State Duma Committee on Constitutional Legislation recommended the lower chamber to adopt the amendments. Sam Rotenberg said Friday “Interfax” that is not going to compensate for personal loss because of sanctions by Western countries at the expense of the federal budget: “This even in the head does not fit. You can only humorously refer to the conclusions of separate editions, because of the lost homes may lobby the federal law ».
Vladimir Ponevezhsky author of the bill also said” the Newspaper “, which nothing to do with the Kremlin oligarchy his amendment did not have. “This is not a new law, it changes to the existing law in 2010 – emphasizes the parliamentarian. – During the 2014 to him by the Russian courts handed down thousands of decisions. However, due to recent events in the Ukraine Kiev continually pass laws that infringe on the rights of Russian citizens, particularly those living in the Crimea ».
Ponevezhsky points to the April and August Ukrainian laws” on the Rights of citizens of the temporarily occupied territories “and” the establishment of a free trade zone “Crimea”, which include proceedings in respect of Crimean Sevastopol and the jurisdiction of the courts of Kiev. “What they will decide, is easy to predict. Today there is an objective threat issuance Ukrainian courts politically motivated decisions in relation to Russian citizens living in the Crimea and Sevastopol, and Russian legal entities having property there. ” Chance of a miscarriage of justice is extremely high, such decisions are already there, assures the author of the bill. Specific examples of such solutions, however, he did not lead.
According Ponevezhskogo, compensation mechanism already established in law, and any difficulties in implementing its amendments does not see. “Difficulties may arise for the recovery of subrogation right. But the Russian Federation in accordance with the Constitution should protect the rights of its citizens ».
Chairman of the Committee on Constitutional Legislation Vladimir Pligin said” Gazeta.ru “that it is a violation of judicial sovereignty of Russia,” handed down by foreign courts decisions cases which under Russian law and international treaties concluded by Russia, to be considered by the Russian courts, violates the constitutional right of Russian citizens and organizations to have their case examined by a competent court of the Russian Federation.
Residents of Sevastopol and Republic of Crimea repeatedly said that their rights are not protected. And they offer protection in the courts of another state, while it is the exclusive competence of the Russian courts. And I’m afraid that the number of such cases will multiply ».
A member of the committee on constitutional law,” Socialist “Dmitry Gudkov believes argumentation colleagues. “This bill is not about all the Crimea. I do not know how it will work, he gives everything he can. Money for these compensation is not included in the budget. Yes, there is a compensation fund, but it laid the money for compensation for violations of justice here in Russia, not abroad. In my opinion, this law is necessary to everyone who’s come under sanctions compensate for the loss here ».
Deputy Chairman of the Duma Committee on Legislation Sergei Ivanov (LDPR), doubts that in Ukrainian courts have to make decisions “against the interests of the Russians”: “It is clear that no one will be able to confiscate the property on our own territory»,
– he says. And in general, adds Ivanov, one can hardly imagine that the broad masses of Russians have a property abroad.
pass the bill is primarily aimed at “satisfy the interests of the ruling group of St. Petersburg,” said Director of the Center for Political Studies of the Financial University under the Government of Minister Pavel Salin.
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