“In fact, the Ukrainian companies are trying to “privatize” the material resources, formed when we were still one country, – said the Deputy Minister of justice. – The agreement between Russia and Ukraine in 1998, which was received by the plaintiffs, generally does not include investments of the Soviet period. In accordance with the agreement that investments were protected, they must be made by company of one country into the territory of another country”.
He recalled that Ukraine does not recognize Russia’s sovereignty over Crimea. “So, as long as Ukraine does not recognize Crimea as the territory of the Russian Federation, any Ukrainian investments cannot be considered foreign in the Crimea, as a consequence, be subject to international protection on the basis of an agreement,” said Halperin.
Now in the courts and arbitrations in the Netherlands and France are considered 12 cases involving claims of Ukrainian oligarchs and state companies of Ukraine. They demand that Russia together 12 billion US dollars for the property in the Crimea.
“I would like to say about the lawsuit of the Ukrainian PrivatBank. The requirements of the Ukrainian owners of the Bank do not account for the significant debt, which formed him before the Crimean depositors, said Michael Halperin. – I will remind, in March of 2014 PrivatBank has stopped paying for deposits on the Peninsula, resulting in 220 thousand citizens lost their savings which were assigned to PrivatBank. To compensate for the funds the Fund of protection of depositors paid Crimeans about 30 billion rubles.”
as Deputy Minister of justice reported that the ECHR is five inter-state complaint submitted by the Ukrainian authorities against Russia. Some of them affect the events in the Crimea and Eastern Ukraine. There are, according to him, the complaint in connection with a criminal investigation against a number of Ukrainian citizens for participation in banned organizations, extremism, terrorism, espionage, committing in Russia for ordinary crimes.
“we Can say that inter-state complaints – a sore point not only of the European court, but also of the Council of Europe as a whole, – says Mikhail Galperin. – If the thousands of complaints the citizens of the countries of the Council of Europe the ECHR acts as a kind of Supreme court, freed from the need to re-examine all the facts of the case, checks only the correctness of the application of the European Convention for the protection of human rights with complaints filed by States, we see a different situation. Here, the ECHR is the court of first instance, before him two equal parties – the state. The court must consider an array of conflicting data, some of which are similar to rumours or distractions. In those cases, the court is most vulnerable to charges of bias and politicization”.
As emphasized by Michael Halperin, you need to respect international law and to comply with legal obligations not only when it’s convenient. “Unlike some countries, Russia is guided by this principle. Otherwise the world will quickly slide into chaos,” he said.
