The court is lost: Russia will return the debts of the USSR

The court is lost: Russia will return the debts of the USSR The European Court of Human Rights ordered Russia to repay the debts of the USSR

The European Court of Human Rights (ECHR) ordered Russia to repay the debt of the USSR on a bonded loan. The loan granted the right to purchase goods of increased demand, including cars "VAZ". Repayments of debts on winning loans and compensation for moral harm have been sought by 15 Russians for many years.

The European Court of Human Rights in Strasbourg ordered Russia to pay compensation for the failure to fulfill its obligations under the Soviet bonds of 1982. This is reported in a press release of the court on Tuesday.

In the case of Volokitin and Others v. Russia, the European Court of Human Rights considered that the current government does not fulfill its obligations to citizens. The claim was filed by 15 applicants, on some of the complaints a positive decision was made. So far only a part of the plaintiffs must receive various amounts and compensation for moral damage. Payments range from € 30 to € 1800.

The court noted that this claim is not the first, which indicates a systematic error of the financial authorities when calculating with the population.

The plaintiffs claim that in 1982 they purchased state domestic loan bonds, for which they could not receive money and goods.

The court noted that after the collapse of the Soviet Union, the Russian government made a commitment in 1992 to redeem the USSR bonds, but failed to put in place a mechanism for realizing such a ransom, which violates the right to protect the property of the applicants.

In the period from 1995 to 2000, Russia adopted a number of laws and regulations for the repayment of debts. However, the implementation of these procedures was suspended. However, according to Articles 43 and 44 of the Convention, the court's decision is not final. During the three-month period after the promulgation of the decision, either party may demand that the case be referred to the highest court instance. If such a request is made, a group of five judges will decide whether the request deserves further consideration. In case of a positive decision, the court will hear the case again and make a final judgment. In case of refusal to consider the case, the initial decision will be final.

The RF Ministry of Finance was unable to comment promptly on the ECHR decision.

Volokitin starts and wins

Pioneer in the courts was Konstantin Volokitin, a resident of the Altai Territory. He achieved a positive decision almost 18 years.

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The matter is that on February 9, 2007 the decision of the European Court of Human Rights on the complaint No.

374/03 "Volokitin against the Russian Federation" came into force. The European Court found violation of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1, which was expressed in the long-term non-enforcement of the decision of the Novoalta City Court of the Altai Krai of September 6, 2001.

It follows from the circumstances of the case that Volokitin was the owner of the "Urozhai-90" checks with a nominal value of 64,000 rubles, which gave him the right to purchase up to October 1, 1991, high-demand goods, including "VAZ" cars.

Since the state did not fulfill its obligations to the applicant as a check holder in due time, in 2001 he applied to the Novoaltaysky Town Court of the Altai region with a lawsuit against the government of the Russian Federation and the Ministry of Finance of the Russian Federation to recover a sum equivalent to the value of four VAZ cars. By a decision of 6 September 2001 the applicant's claim was satisfied, with the Government of the Russian Federation in the person of the Ministry of Finance, at the expense of the state treasury funds, monetary compensation was collected for 149 "Urozhay-90" checks in the amount of 455 rubles. The decision of the Judicial Board for Civil Cases of the Altai City Court of January 9, 2002, the decision was left unchanged. On January 23, 2002, Volokitin was issued a writ of execution, which was submitted to the RF Ministry of Finance on June 3, 2002. But the decision of the court was fully executed only on May 8, 2007, that is, after consideration of the case by the European Court and five years and eight months after the judicial decision.

The court noted that the Russian authorities "did not put forward any facts or arguments capable of leading to a different decision in the present case" and pointed out that, without having enforced judgments in favor of the applicant for a long time, the authorities of the Russian Federation deprived the applicant of " right to a court ", as well as the possibility to receive money, for which he had the right on the basis of an enforceable and binding judgment".

The European Court then found violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 by the Government of the Russian Federation and ordered the Government of the Russian Federation to pay 2,700 euros to the applicant in respect of non-pecuniary damage.