on 27 may, the state Duma intends to adopt in the second and third readings of the law that will fall under the sanctions, the Russians unilaterally to move the courts with partners in Russia. The same right is granted to foreigners affected by relations with the sanctioned Russians.
the Bill, which will soon become a law, was submitted to the Duma a year ago for the signatures of the deputies from “United Russia”, LDPR and “CP” and several senators. The authors do not hide that the origin of the initiative of the Kremlin, and in the title of the bill explicitly States that it was adopted “in connection with the unfriendly actions of the United States of America and other foreign countries.”
hastily adopted in the first reading text did then a lot of noise. It was proposed to give Russian citizens and Russian and foreign companies, trusts and foundations have the right to unilaterally make the decision to sue partners in Russia, even if the agreement between them provided that all disputes should be resolved, for example, in a London court or international arbitration. Personally go to court in other countries targeted by the sanctions can not, and their accounts can be blocked, and should also have to be right to justice, say the authors, calling his initiative the “original”.
With lawsuits, demanding penalties from partners who were under sanctions, it was proposed to apply or in the Russian arbitration courts, or even courts of General jurisdiction. Experts warned that the passage of the bill in this form will deal a blow to the reputation of the country and will entail new sanctions, that the decisions of Russian courts outside of the Russian Federation would not abide by, and the provisions of the bill contradict several ratified by Russia conventions.
Then the protection of the rights of sanctioned Russians in the Kremlin seemed to have forgotten — at least until last week the bill was in the state Duma without movement. But now suddenly remembered, and will make. “He essentially revised, the comments are eliminated,” — said “MK” special Committee Chairman Pavel Krasheninnikov (“ER”).
Any mention of the US title of the document removed. And in addition to sanctioned Russian services Russian justice system will be able to use even foreigners whose companies got a headache imposed on them for cooperation with the sanctioned Russians constraints. To go with their troubles all they will have in the arbitration court at the place of location or residence in Russia.
Conflict with international law no longer considers g-n Krasheninnikov. Changes to the agreement unilaterally do “could lead to the violation of international treaties, as well as increase the risk of unavailability of the Russian solved��to the principle of reciprocity, so the provision from the bill was excluded”, — he explained. In addition, “podcasting” will continue to litigate abroad and to implement the decisions of foreign or international courts — if they want to. But they are given the right to demand arbitration of the Russian ban at the beginning of the court against them somewhere abroad or termination of an already ongoing process, and the arbitration court has the right to be at the applicant’s request to award in his favour a monetary amount.
the State Secretary of the Federal chamber of lawyers Konstantin Dobrynin told “MK” that the law in fact has changed little: it remains a “political, clumsy in execution, and most importantly — absolutely meaningless.” In response, I can follow the new sanctions and complications in relations between the Russian businessmen and their partners in other countries.
the Lawyer, specialist in international law Alexander Muranov in conversation with “MK” suggested why you might need such a law fell under the sanctions: “Any solution that will make the court to execute it is impossible to even attempt would be impossible, if the same issue will take place process in Russia.” And then, “it is necessary to oppose something”, the lawyer explains: if the counterparty affected by the sanctions, trying to enforce rendered in his favor abroad decisions, “the Russian counterparty may say: no, that is a decision against you by the Russian court, — it is the same for me!” “It’s just a tactical means of protection — will not solve the problem, but will allow a little to hide behind”, says Mr. Muranov.
According to him, negative consequences for business reputation with this method of resolving disputes is difficult to avoid.