Zorkin: Russia will continue the dialogue with the ECHR, but will defend the identity

© RIA Novosti . Vladimir Astapkovich in fotoreceptor of the constitutional Court Valery Zorkin. Archival photoZorkin: Russia will continue the dialogue with the ECHR, but will defend the identity© RIA Novosti . Vladimir Astapkovich the image Bank

Russia is ready to dialogue and compromise with the European court of human rights, but will defend their identity, said Tuesday at a scientific conference, the head of the constitutional court Valery Zorkin.

According to him, virtually all countries are faced with legal conflicts when international bodies, including the ECHR, does not make a difference between ordinary law and the Constitution.

«In the first place recently, including in the practice of the COP, there was a problem of constitutional identity. The problem of conflicting interpretations is exacerbated by the fact that inter-state authorities are taking a tough stance. In principle, no distinction between ordinary law and the Constitution — the Supreme law of the state», — said Zorkin.

He noted that Russia, with great respect for the authority of the ECHR and seeks to reach a compromise between the resolutions of the Strasbourg and the Russian laws.

Zorkin said that one of the «stumbling blocks» between Russia and the Strasbourg was the famous Yukos case. The court considered that a violation of the rights of shareholders, as the tax collected from the company penalties beyond the period of limitation — three years later.

«The COP decided that the taxpayer is obliged to observe the principle of good faith. And it’s not only the principle of taxation, but of constitutional principle. The parties must abide by the contract, and if YUKOS was deliberately brake checks, concealed the documents, abuse protection in these circumstances the court rightly decided that the deadline has expired no fault of the tax authorities, but because of the malicious actions of Yukos, and the bodies are unable to meet the statutory three years», — said Zorkin.

The head of the COP stressed that in this case the court reached a compromise: he decided that the shareholders have the right to compensation, but may be paid from funds hidden in foreign accounts by Yukos.

«We had the opportunity to say, guys, we don’t want to change anything, we have a Constitution, but the COP went the other way, the General principle which we have defended — is dialogue and compromise. We will support the principle of two-way traffic of the Russian Federation and the ECHR, the movement towards each other. Otherwise we will be not meeting, and confrontation,» — said the President of the court.

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