Rus News Journal

The Strasubrgsky court recognised fault of Russia in infringement of the rights of the company YUKOS

the European court under human rights (ESPCH) recognised Russia the company which have broken the right YUKOS on property protection. However indemnifications to the shareholders who have estimated a damage in 98 mlrd dollars, it is not awarded. The court has explained it to that actions of the Russian tax specialists concerning the company were not politically motivirovannymi.

Having considered the YUKOS complaint, ESPCH recognised Russia as the broken item 1 of report 1 (property protection) to the European convention on protection of human rights and the basic freedom. Also infringement of the right to fair proceeding and separate norms of the taxation, concerning calculation and collecting imposing is fixed. Thus the court has established that these infringements occurred during the period with 2000 for 2001 (whereas the company asked to recognise infringements with 2000 for 2003).

In the Strasbourg court the YUKOS in 2004 has addressed with the complaint to actions of the Russian tax departments which has regarded as illegal otem the property. The company asserts that in its relation a number of articles of the European convention under human rights has been broken, on six of them in 2009 the complaint has been recognised by comprehensible, transfers RAPSI.

Unique public hearings on business have passed in March, 2010. After them claimants have expressed hope that the decision will be already accepted in 2010 whereas Russia has demanded to refuse complaint consideration. The country has specified that the company has gone bankrupt and does not exist any more.

YUKOS Business has begun in 2003 when the Federal tax service (FNS) has inspected the company about payment of taxes in 2000 – 2003. After it on YUKOS have imposed the penalties largest in the history for transactions on oil sale between YUKOS and the several organisations. They have been registered in regions where tax privileges were given. Under statement FNS, the companies have been created for application of tax privileges, and all benefit from transactions got to YUKOS.

the Authorities have obliged the company to pay 703 mlrd rbl. of penalties that considerably exceeded the YUKOS gain. Arbitration courts of all instances recognised legitimacy of requirements FNS, and accounts and YUKOS actives have been frozen. The Federal Agency of court enforcement officers of Russia (FSSP) has ordered to sell affiliated companies to pay the sum. From - for huge debts before the state in 2006 YUKOS recognised as the bankrupt, in 2007 the decision about company liquidation has been taken out.

As informed daily earlier, in 2003 investigation against the former co-owners of the company of Michael Khodorkovsky and Platon Lebedev has begun. In the end of 2010 the Hamovnichesky court of Moscow has sentenced them to 14 years of a colony of everyone on charge in 200 million plunder t oil and money-laundering. Taking into account a sentence from 2005 on the first business according to which Khodorkovsky and Lebedev have been condemned for eight years of the imprisonment already spent by them in prison of time and mitigation of punishment for one year imprisonment term expires in 2016.