For all the Russian establishments in Belgium, except for diplomatic missions arrested. It did bailiffs pursuant to the decision of the arbitral tribunal in The Hague – last summer, he upheld the claim Group Menatep Limited, representing the interests of the former shareholders of bankrupt oil company Yukos state. The arrests take place in Belgium in favor of Yukos International Limited, which accounted for about $ 1.8 billion from $ 50.2 billion otsuzhennye. Russia intends to appeal the arrest, but it can be done only through the Belgian justice.
All Russian establishments in Belgium today received documents bailiffs to arrest all the state property of the Russian Federation, which has at their disposal, as well as their debts to the Russian state, if any. The property, which have diplomatic missions in Russia, Belgian justice, following international standards, has kept intact.
The documents received from the bailiff stated that the arrest was made based on the decision of the arbitration court in The Hague on July 18, 2014. The court then granted the petition to the Russian Federation of Group Menatep Limited (GML), which represented the interests of the former Yukos shareholders by awarding him a total of $ 50.2 billion, – Hulley Enterprises (Cyprus) should receive $ 39.9 billion, Yukos Universal (Maine ) – $ 1.8 billion, Veteran Petroleum (Cyprus) – $ 8.2 billion. The arrests in Belgium related to the recovery of sums to Yukos International. Bailiffs specified that the plaintiff “has serious concerns about the possibility to receive the sum due, in particular, because of the systematic failure of Russia to fulfill handed down judgments against it and considering the attitude of the Russian Federation to the decision».
In the list of Russian establishments belonging to a field of view of police officers, listed almost all the major banks, registered in Belgium, and even organizations such as” Eurocontrol “, which regulates air traffic over Europe, as the” Interfax “reports. Regulations were also all Russian establishment, including the Archbishopric of Brussels and the Belgian representative of the ROC, as well as representative offices of non-governmental organizations and the media.
All the organizations included in the list are required to declare within two weeks of at their disposal funds and property of the Russian Federation and the debt to the Russian Federation. Or they have no state property and debts.
Among the reasons for his arrest also mentioned another trial – at the end of July 2014 the European Court of Human Rights, as the claim GML , sought to Russia in favor of ex-Yukos shareholders further € 1,8 Bln. to do it, as the decision of the court in The Hague, the Russian Federation refused. “The ECHR has demanded from the Russian Federation to submit a plan of payment of the whole amount specified in its decision (more than one billion euros), not later than 15 June 2015 and the repayment of legal costs no later than the same date, – the documents distributed pristavami.- no plan to set the term is not submitted, and no payments had been made ».
In addition,” the Russian government has repeatedly stated that it considers the judgment purely political, “and the Russian budget for 2015 is not no indication of implementation of the decision of the ECHR. The last time it announced on Monday the head of the Russian Ministry of Justice Alexander Konovalov, according to which the ECHR decision on the payment of compensation to the shareholders of Yukos groundless. Plus a group of State Duma deputies sent to the Russian Constitutional Court (CC) a request to assess “the possibility of recognition and enforcement” of decisions of the ECHR, contrary to the provisions of the Russian Constitution and the legal positions of the Constitutional Court (see para. “B” of 16 June). Deputies bind its request with the decision of the Yukos case and consider it possible to develop a new mechanism that will not allow Strasbourg “to overcome the force of Russian ships».
Such “Russian officials have put the ECHR difficult situation, forcing somehow respond to this, “said” Kommersant “the Moscow correspondent of the newspaper La libre Belgique Boris Tumanov. “As the ECHR has no prerogatives that would allow him to force Russia to pay this debt, the EU is likely to demonstrate Moscow decided that the threat of arrest, the State Property of Russia abroad is very real,” what may be evidence of the Belgian court decision on arrest on Russian state property in the country. “The choice of Belgium as a country of the arrest of Russian state property is not accidental, because it is known as the Brussels bureaucratic capital of the European Union”, – considers Boris Tumanov.
«In the first place, the Yukos case is still before the Court, it is not over – said “Kommersant” the official representative of the Secretary General of the Council of Europe Daniel Holtgen.- And secondly, I want to emphasize that the verdict of the ECHR can not directly affect the private or public organizations in the Member States of the Council of Europe. Reports that the decision of the Belgian Court is based on the decision of the Strasbourg court, probably wrong ».
The Council of Europe in fact distanced themselves from the initiative of the Belgian authorities. “The position of the Council of Europe lies in the fact that Russia, according to the decision of the Committee of Ministers on June 15 was to provide a plan of action to implement the ECHR decision on payment of € 1,86 billion as the Yukos case. The Committee of Ministers has received nothing from the Russian Federation in the period and agreed to reconsider the issue in September “, – said the source” b “.
A senior source” b “in the Russian state structures He said that “Russia intends to use all possible legal mechanisms to defend their rights in court.” The decision about the arrest of Russian state assets in Belgium may be appealed in the courts of this country, as reported by “Interfax”, referring to the information of Ministry of Justice.
Partner of international law firm Baker & amp; McKenzie Vladimir Khvalei said “Kommersant” that the decision to arrest can not be enforced until the state Belgian court will not give him a writ of execution. “So that these actions can be seen as an interim measure in order to repossession of property of the Russian Federation in the future, – says Vladimir Hvaley.- on non-public property companies in this situation can be arrested, if, for example, they received funding from the Russian budget and the Money is not yet fully exploited ».
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