Iryna Marchuk and Marina Aksenova comment on the case of Yukos before the Russian Constitutional Court on Osservatorio costituzionale
Iryna Marchuk and Marina Aksenova comment on the case of Yukos before the Russian Constitutional Court on Osservatorio costituzionale The Article analyses the latest decision of Russia’s Constitutional Court (CC) of 19 January 2017 in the case of the now-defunct oil company Yukos. The CC defied the authority of the ECtHR by ruling that Russia was not bound to enforce the ECtHR decision on the award of pecuniary compensation to the company’s ex-shareholders, as it would violate the Constitution of the Russian Federation (CRF). The Article focuses on the CC’s judicial reasoning underpinning its interpretation of the Vienna Convention on the Law of Treaties (VCLT), jus cogens and the principle of sovereignty, as well as constitutional law principles of equality and fairness in the area of taxation. The Article reflects on the future of Russia’s relationship with the ECtHR by considering whether the latest decision would lead to selective enforcement, amendment of the Constitution, or Russia’s exit from the Council of Europe.
The full text of the Article post can be found here.
Iryna is affiliated with the Faculty’s Research Group on International Crime and Criminal Law iCRIM.
Marina is affiliated with the Centre of Excellence for International Courts iCourts.