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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 19, 2017 No. 1-P

On the case of permission of question of possibility of execution according to the Constitution of the Russian Federation Resolutions of the European Court of Human Rights of July 31, 2014 in the matter of "JSC Yukos Oil Company against Russia" in connection with request of the Ministry of Justice of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of representatives of the Ministry of Justice of the Russian Federation as the party which appealed to the Constitutional Court of the Russian Federation with request - G. O. Matyushkin, P.Yu. Ulturgashev and M. A. Melnikova,

being guided by article 125 of the Constitution of the Russian Federation, part one Item 3.2, parts three and the fourth Article 3, Articles 36, of 74, 104.1 - 104.4 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in open session case on permission of question of possibility of execution according to the Constitution of the Russian Federation of the resolution of the European Court of Human Rights of July 31, 2014 in the matter of "JSC Yukos Oil Company against Russia".

Reason for consideration of the case was the request of the Ministry of Justice of the Russian Federation. The basis to consideration of the case was the found uncertainty in question of possibility of execution according to the Constitution of the Russian Federation of the resolution of the European Court of Human Rights of July 31, 2014 in the matter of "JSC Yukos Oil Company against Russia".

Having heard the message of the judge-speaker L. M. Zharkova, explanation of the representative of the Ministry of Justice of the Russian Federation G. O. Matyushkin, the performance invited in the meeting of the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. A. Klishas, the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky, the plenipotentiary of the Prosecutor General of the Russian Federation in the Constitutional Court of the Russian Federation T. A. Vasilyeva announced in meeting written notes of the lawyer of J invited in meeting. P. J.P. Gardner representing the interests of JSC Yukos Oil Company in the European Court of Human Rights and also speech of representatives: from Russian President's Council for Civil Society and Human Rights - I. G. Shablinsky, from the autonomous nonprofit organization "Institute of the Right and Public Policy" which prepared the conclusion on case - G. V. Vaypana, from St. Petersburg State University which prepared the conclusion on case - N. A. Shevelyova, having researched the submitted documents and other materials, including written notes of the former shareholders of JSC Yukos Oil Company - the Hulley Enterprises Limited and Yukos Universal Limited companies, signed by the director of these companies T. T. Osborne, the Constitutional Court of the Russian Federation

established:

1. The European Court of Human Rights in the decree of July 31, 2014 in the matter of "JSC Yukos Oil Company against Russia" (the claim No. 14902/04) (became effective on December 15, 2014), issued on the issue of fair compensation in addition to the fundamental ruling on this case of September 20, 2011 (became effective on March 8, 2012), obliged Russia as the recognized broken article 1 of the Protocol No. 1 to the Convention on human rights protection and fundamental freedoms to pay to shareholders of the company declarant in compensation of material damage, including compensation of the inflation losses suffered by it, 1 866 104 634 (one billion eight hundred sixty six million hundred four thousand six hundred thirty four) euros, including 1 299 324 198 (one billion two hundred ninety nine million three hundred twenty four thousand hundred ninety eight) euros - for violation of article 1 of the Protocol No. 1 to the Convention, expressed in retroactive application by courts concerning the company declarant of article 113 of the Tax Code of the Russian Federation about three-year prescriptive limit of accountability for making of tax offenses that entailed collection of penalties from it for 2000 and 2001 and the amounts of performing collection on these penalties, and 566 780 436 (five hundred sixty six million seven hundred eighty thousand four hundred thirty six) euros - for the violation of article 1 of the Protocol No. 1 to the Convention expressed in collection during the enforcement proceeding initiated in the relation of the company declarant, the amounts of the performing collection which constituted seven percent from the total amount of its tax arrears, penalty fee and penalties that, from the point of view of the European Court of Human Rights, disproportionately to amount of the expenses necessary for providing enforcement proceeding (Items 20 - 26, 27 - 35 and 36).

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