Russian Justice Ministry doubts ECHR judgment regarding Yukos can be enforced
ST. PETERSBURG. Dec 15 (Interfax) - The Russian Justice Ministry said it doubted that the European Court of Human Rights (ECHR) judgment regarding the Yukos claim against Russia could be enforced.
"The Justice Ministry maintains the stance expressed in the inquiry filed with the Russian Constitutional Court pertaining to the possibility to enforce the ECHR judgment on the Yukos claim against Russia. This inquiry gives a rather precise description of the legal grounds of our serious doubts about the possibility to enforce the ECHR judgment," Russian Representative to the ECHR, Russian Deputy Justice Minister Georgy Matyushkin said at a meeting of the Russian Constitutional Court in St. Petersburg on Thursday.
"Provisions of the [Human Rights Convention] do not directly prohibit a government to use lawful tools for the purpose of the lawful collection of taxes," Matyushkin said.
He referred to a constitutional article, which indicated "the government's right to ensure the enforcement of necessary laws for control over the use of assets in accordance with public interests or for payment of taxes, duties and fines."
"Taxes are the main source of budget funds, they enable the government to meet its obligations, primarily social obligations to its own citizens," Matyushkin said.
"This is substantiated by the practice of the European Court of Human Rights itself, according to which a government enjoys a rather broad right to select methods, which ensure rights and freedoms in the area of taxes," he said.
"Therefore, we see the judgment on the Yukos claim against Russia as the European Court exceeding its subsidiary role," he said.