In all Russian institutions in Belgium, except for diplomatic missions, seized. It did bailiffs pursuant to a decision of the arbitral tribunal in The Hague - last summer he satisfied the claim of Group Menatep Limited, representing the interests of the former shareholders of bankrupt state oil company Yukos. Arrests in Belgium take place in the interests of Yukos International Limited, which accounted for about $ 1.8 billion from $ 50.2 billion otsuzhennye. Russia intends to challenge the arrest, but it can be done only through the Belgian justice.
All Russian establishments in Belgium today received documents bailiffs to arrest all the state property of the Russian Federation, which is available at their disposal, as well as their debts to the Russian state, if any. The property, which has a diplomatic representation in Russia, the Belgian justice, following international standards, has kept intact.
As received from bailiffs' documents specified that the arrest was made on the basis of the decision of the arbitration court in The Hague on July 18, 2014. The court then granted the petition to the Russian Federation of Group Menatep Limited (GML), which represented the interests of ex-Yukos shareholders by awarding him a total of $ 50.2 billion, - Hulley Enterprises (Cyprus) should receive $ 39.9 billion, Yukos Universal (Maine) - $ 1.8 billion, Veteran Petroleum (Cyprus .) - $ 8.2 billion Arrests in Belgium related to the recovery of sums to Yukos International. Bailiffs specified that the plaintiff "has serious concerns about the possibility to receive the sum due, in particular, because of the systematic failure of Russia to fulfill handed down against her judgments and taking into account the attitude of the Russian Federation to the decision."
In the list of Russian establishments belonging to a field of view of police officers, listed almost all the major banks, registered in Belgium, and even organizations such as "Eurocontrol", which regulates air traffic over Europe, as the "Interfax" reports. Regulations were also all Russian establishment, including the Archbishopric of Brussels and Belgium ROC representation, and representation of non-governmental organizations and the media.
All the organizations included in the list are required within two weeks to declare in their possession money WedSHALL and property of the Russian Federation and the debt to the Russian Federation. Or that they have no state property and debts.
Among the reasons for the arrest and referred to another trial - at the end of July 2014 the European Court of Human Rights, and the suit of GML, sought to Russia in favor of ex-Yukos shareholders further € 1.8 billion to do it, as the decision. Court in The Hague, the Russian refused. "ECHR demanded from the Russian Federation to submit a repayment plan the whole amount specified in its decision (over one billion euros), not later than 15 June 2015 and the repayment of court fees no later than the same date, - says the document sent out pristavami.- no plans to set life is not represented, and no payments had been made. "
In addition, "the Russian government has repeatedly stated that it considers the judgment purely political", and in the Russian Federation budget for 2015. There is no indication on the implementation of ECHR decisions. The last time it announced on Monday the head of the Russian Ministry of Justice Alexander Konovalov, according to which the ECHR decision on the payment of compensation to the shareholders of Yukos bezosnovenforcement. Plus a group of State Duma deputies sent to the Russian Constitutional Court (CC) request to assess the "possibility of the recognition and enforcement" of ECtHR judgments, contrary to the provisions of the Russian Constitution and the legal positions of the Constitutional Court. Deputies linked the request with a decision by the Yukos case and consider it possible to develop a new mechanism that will not allow the Strasbourg "to overcome the force of Russian ships."
Such "Russian officials have put the ECHR in a difficult situation, forcing somehow respond to this," said "Kommersant" the Moscow correspondent of the newspaper La libre Belgique Boris Tumanov. "As the ECHR has no prerogatives that would allow him to force Russia to pay this debt, EU leaders probably decided to show Moscow that the threat of arrest, the State Property of Russia abroad is quite real", as can testify the decision of the Belgian court to arrest on Russian state property in the country. "The choice of Belgium as the country's arrest of Russian state property is not accidental, because it brusSpruce is known as the bureaucratic capital of the European Union ", - considers Boris Tumanov.
"Firstly, the Yukos case is still pending before the Court, it is not completed, - said," Kommersant, "the official representative of the CE Secretary General Daniel Holtgen.- And secondly, I want to emphasize that the ECHR verdict can not directly affect the private or civil society organizations in member countries of the Council of Europe. It reported that the decision of the Belgian Court is based on the decision of the Strasbourg Court, probably wrong. "
The Council of Europe in fact distanced themselves from the initiative of the Belgian authorities. "The position of the Council of Europe lies in the fact that Russia, according to the decision of the Committee of Ministers, was June 15 to provide for the implementation of ECHR decisions action plan on paying € 1,86 billion in the Yukos case. Nothing the Committee of Ministers of the Russian Federation has not received on time, and decided to return to this issue in September, "- said" Kommersant "source.
A senior source "b" in the Russian state agencies stated that "Russia intends to use all the extended featuresrip legal mechanisms to defend their rights in court. " The decision about the arrest of Russian state assets in Belgium may be appealed in the courts of this country, as reported by "Interfax", referring to the information of Ministry of Justice.
Partner of international law firm Baker & McKenzie Vladimir Khvalei said "Kommersant" that the decision to arrest can not be enforced until the state Belgian court will not give him a writ of execution. "So that these actions can be seen as an interim measure in order to repossession of the property of the Russian Federation in the future, - says Vladimir Hvaley.- on the property of non-state companies in this situation may be seized if, for example, they received funding from the Russian budget and the money is not yet fully exploited. "
Property litigation of Russia abroad
In 1993, the Luxembourg Court granted the petition to the Swiss firm Noga Russia to recover $ 300 million penalty for breach of contract and seized are in this country, the RF Government assets, the Central Bank, Vneshekonombanka and Vneshtorgbank. Later, Russia succeeded in removing the arrest, but the 1997 side Noga took the Stockholm arbitration recognized for the Russian debt of $ 63 million, the Company has made a number of attempts to arrest Russian property -. Warplanes, paintings, sailing, account of the diplomatic service, state-owned companies, but a counter-claim courts filmed arrests. In 2009, the US federal appeals court finally rejected Noga claims to Russia.
July 7, 1998 the Stockholm Arbitration Court granted the petition of the German businessman Franz Sedelmayer to recover from Russia more than € 2 million compensation for the investment lost in the 1990s when trying to organize a business. Russia failed to comply with the decision, and the entrepreneur began to seek the arrest of Russian property abroad. In 2006-2008 he achieved foreclosure and sale by auction of the complex of the former USSR Trade Mission in Cologne, and in 2010 the Stockholm court seized the building of the Russian trade mission in Sweden to sell it at auction. In September 2014 the building went under the hammer for € 2,2 Mill. Russia challenged the sale of the building in the Swedish courts, but June 11, 2015 the appellate court rejected the tRequired for the cancellation of the transaction. The Russian side may appeal this decision before July 7th.
September 17, 2010 Stockholm arbitration court ruled to collect from Russia $ 3.5 million damages in favor of the former Yukos minority shareholder - the company RosinvestCo UK Ltd. English, referring to the Russian-British agreement on protection of investments required to compensate the first $ 75 million and then $ 200 million. In July 2012, the same court sentenced four Spanish investment funds, owning 73 thousand. The ADR of YUKOS, $ 2 million plus interest for five years, found Russia guilty of presenting unreasonable tax claims of the company, with the ultimate aim of the confiscation of its assets.
July 18, 2014 the arbitral tribunal in The Hague granted the petition to the Russian company Group Menatep Limited (GML), representing the interests of the former shareholders of Yukos. The Court considered the measures taken by the Russian "equivalent to expropriation of the applicant's investments", which violates the Energy Charter Treaty, and demanded payment of compensation of $ 50.02 billion. July 31 the European Court of Human Rights issued a decision to recover from the Russian still € 1,866 billion of fair compensation to the former share pricesOner Yukos (instead of the $ 38 billion required to). Russia does not recognize and does not fulfill these decisions. In May 2015 GML started preparing for the process of enforcement of the decision of the arbitration court of The Hague, which has been "identified" the property of the Russian Federation in Belgium and the Netherlands.