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  • An article by TLA partners Maria Issaeva, Irina Sergeeva and Maria Suchkova on the issues related to the regulation of the freedom of assembly in Russia is published in the Mezhdunarodnoe Pravosudie (International Justice) journal
    01.12.2014

    The article by TLA partners Maria Issaeva, Irina Sergeeva and Maria Suchkova “Regulation of the Freedom of Assembly in Russia: a “systemic problem” and new violations? An Analysis from the Standpoint of the Case Law of the European Court of Human Rights” is published in 3(11) Mezhdunarodnoe Pravosudie (International Justice) (2014). The article discusses systemic nature of certain problems in the regulation and exercise of the right to freedom of assembly in Russia including the analysis of the amendments introduced in the Russian legislation in summer 2014. In particular, the authors assess the nature of the restrictions to conducting public assemblies, dispersal of peaceful rallies, and efficiency of the available legal remedies, among other issues.

    The authors represent a number of applicants before the European Court of Human Rights in the pending case of Lashmankin and others v. Russia which concerns the freedom of assembly. The views expressed by the authors in the article are their own.

    With the permission of the journal, the full text of the article is available here (in Russian).

     
  • Maria Suchkova took part in a round table discussion concerning the international courts' practice on interim measures
    13.10.2014

    On 3 October 2014, Maria Suchkova, partner at Threefold Legal Advisors, participated in the round table discussion "Interim Measures in the Practice of International Courts" organised by the Institute for Law and Public Policy together with the Council of Europe. Maria spoke about the legal aspects and legitimacy of interim measures that can be ordered by the European Court of Human Rights pursuant to Rule 39 of the Rules of the Court.

    You can learn more about the round table discussion "Interim Measures in the Practice of International Courts" here (available in Russian).

     
  • TLA partner Marat Davletbaev comments for RBC news agency on Vladimir Putin’s sentiments in respect of Russia’s potential withdrawal from international treaties and the Council of Europe
    16.08.2014

    TLA partner Marat Davletbaev comments for RBC news agency on Vladimir Putin’s remarks in respect of Russia’s potential withdrawal from international treaties and the Council of Europe:

    "According to the 1969 Vienna Convention on the Law of Treaties a state may only withdraw from a treaty if such possibility is explicitly provided by the international treaty itself. However, even if, in a theoretical scenario, Russia withdraws from all international treaties and organisations, such withdrawal will not release Russia from its obligation to comply with so-called imperative norms of international law and with international custom — that is, general practice of the states accepted as unwritten law. For example, Russia will have to comply with the prohibition of the use of force for the settlement of international disputes, and will equally be bound by the norms of the reposibility of the states for internationally wrongful acts. Besides, the Constitution of the Russian Federation itself recognises the supremacy of international law, and Vladimir Putin declared that he has no intention to change it.

    As far as his remarks in respect of Russia's potential withdrawal from the European Convention on Human Rights and Fundamental Freedoms are concerned, even if it happens, Russia will remain legally bound to perform all judgements delivered by the Court in respect of all breaches commited by Russia before such withdrawal is effected."
    (follow this link to read the full article in Russian).
     
  • An article by TLA partners Marat Davletbaev and Maria Issaeva was published in the Vedomosti newspaper
    14.08.2014

    An article by TLA partners Marat Davletbaev and Maria Issaeva on the relationship between the international law and the language of the Russian diplomacy was published in the Vedomosti newspaper. The article is available here (in Russian).

     
  • Case law review: European Court of Human Rights awards EUR 1,866,104,634 to YUKOS shareholders
    31.07.2014

    31 July 2014. Today the European Court of Human Rights has published its judgment on just satisfaction in the case OAO Neftyanaya Companiya YUKOS v. Russia, awarding the applicant EUR 1,866,104,634.

    The applicant argued a violation of Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights on the basis that the Russian authorities had failed “to strike a fair balance between the legitimate aim of [enforcement] proceedings and the measures employed” occasioning the direct loss of EUR 37,981,000,000, which represented the expert’s assessment of the applicant company’s value at the relevant time (on 19 December 2004).

    However, the ECtHR limited the awarded amount to direct pecuniary losses arising out of violations of the Convention found in the Court’s own principal judgment of 2011. In that earlier judgment the ECtHR had held that certain penalties in a 2000-2001 tax assessment as well as the obligation to pay a 7% enforcement fee were imposed on Yukos unlawfully and in breach of the Convention.

    The ECtHR further ruled that the award should be paid by the Russian Federation to the applicant company’s shareholders and their legal successors in proportion to their nominal participation in the company’s stock.

    The parties now have three months to request referral of the case to the Grand Chamber of the ECtHR.

     

     
  • An article by TLA partner Marat Davletbaev on the recent award in Yukos-Russia arbitration was published on the Forbes website.
    31.07.2014

    An article by TLA partner Marat Davletbaev on the recent award in Yukos-Russia arbitration was published on the Forbes website. The article is available here (in Russian).

     
  • Case law review: ECtHR awards applicant company USD 3,050,000 in compensation for unlawful destruction of property and violation of its right to a fair trial
    23.07.2014

    On 19 June 2014 the European Court of Human Rights (''the ECtHR'') rendered a judgment in the case Uniya OOO and Belcourt Trading Company v. Russia. In this judgement the ECtHR found that the destruction of a consignment of imported alcohol owned by the applicant companies constituted a violation of their rights, ordering Russia to pay USD 3,050,000 in compensation.

    The applicant companies were Uniya OOO, a company registered in Russia, and Belcourt Trading Company, a company now registered in Belize. 

    Between 1997 and 1998 Uniya imported two consignments of alcohol under a contract with Belcourt. These consignments were to be sold in Russia. In the course of criminal proceedings initiated against the director of Uniya for the alleged unlawful import of alcohol without a proper license, Russian authorities seized two consignments of imported goods. Criminal proceedings were finally dropped due to the expiry of the statutory time-limit, but by that time the seized alcohol had been destroyed. The Russian courts declared the destruction of the first consignment of alcohol to be unlawful, awarding Belcourt RUB 74,418,700 in compensation. Damages caused by the destruction of the second consignment were never awarded and the second applicant were not compensated.

    The ECtHR found a violation of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention"), securing the right to the protection of property. The ECtHR ruled that the authorities had acknowledged the unlawfulness of the destruction of the second consignment but had refused to compensate Belcourt for the damage done. 

    In respect of the proceedings concerning the first consignment, the ECtHR found a violation of the right to a fair trial, as guaranteed by Article 6 § 1 of the Convention. The ECtHR held that domestic courts refused to examine the applicants’ claims for various reasons for many years. Thus, the procedural barriers met by the applicants effectively deprived them of the right to a court, paralysing business activities of both companies.
    Taking into account the aforementioned violations, the ECtHR awarded Belcourt USD 3,050,000 under the head of pecuniary damages. It also ordered the authorities to reimburse the legal costs incurred by both companies.

    The ECtHR’s rejection of the respondent State’s request that it discontinue the proceedings in respect of the first applicant in light of the latter’s liquidation is notable. Firstly, the ECtHR noted that at the time of its decision on the application’s admissibility the company still existed. Secondly, the first application could not be struck off the list, since this would enable the authorities to benefit from their own wrongdoing merely due to the liquidation of the first applicant. Despite the liquidation of Uniya, its right to compensation of legal costs owed to the company was transferred directly to the first applicant’s lawyer.

    The Judgment (in English) is available here.

     

     
  • An article co-authored by Marat Davletbaev was published in the second annual report "Russia 2014" of the French-Russian Analytical Center l’Observatoire
    28.06.2014

    An article co-authored by TLA partner Marat Davletbaev was published in the second annual report "Russia 2014" of French-Russian Analytical Center l’Observatoire. The article addresses clashing positions of the European Court of Human Rights and the Constitutional Court of Russia.Russian version of the report was presented at St. Petersburg International Economic Forum. The report in French was also introduced in Paris in the National Assembly.  

    The article is available here (in Russian).

     
  • TLA sponsors online educational seminars on how to coach a moot court team
    28.05.2014

    Threefold Legal Advisors are among the organizers of a series of two online seminars for coaches of the teams involved in the Jessup International Law Moot Court Competition and other moot court teams.

    The seminars will be held in May and August 2014.

    More information can be found here.

     
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