Rinat Akhmetov claims that his rights have been violated – due to destroyed business and stolen property by Russia.
The owner of a multibillion-dollar business in Ukraine Rinat Akhmetov has filed a lawsuit in the European Court of Human Rights against the Russian Federation. This follows from a statement by the SCM group, which is owned by Akhmetov.
Russian Federation damages. These undoubtedly fair demands, however, do not give an idea of the competence of the ECtHR.
Why Rinat Akhmetov, who can afford the services of the best lawyers, chose the line of defense in the European Court, which does not consider commercial claims , it becomes clear from the explanation of the SCM.
Yes, < The businessman's lawyers will promote the thesis of human rights violations, which are expressed in the violation of property rights .
In addition to countless human sufferings, the Russian invasion led to the massive destruction of Ukrainian infrastructure. “As the owner of Azovstal and many other industrial enterprises that became the target of the Russian armed forces that invaded Ukraine, Mr. Akhmetov is doing everything possible to bring Russia to justice for the destruction it is sowing in Ukraine,” the SCM said. .
Among the violated property rights, lawyers claim blockade, looting, redirection of flows and destruction by Russia of grain and steel produced by SCM enterprises .
“The looting of Ukrainian exports – including grain and steel – has already led to rising prices for these goods and an increase in the number of people dying of hunger in the world. This barbarism must be stopped and Russia must pay in full. Mr Akhmetov asks the Court to give Russia a clear understand that its actions, which contribute to the aggravation of the food crisis, and the steps taken to further damage the Ukrainian economy are unacceptable, “the SCM explained.
As follows from the statement, Akhmetov will demand billions of dollars, but only as compensation for violated rights, not as compensation for the value of a lost business . Although lawyers do not hide that these are interrelated figures.
“The exact amount of compensation can not yet be determined due to the ongoing war, it is assumed that Russia must pay Mr. Akhmetov billions of dollars for violating his human rights, “SCM reports.
The lawsuit contains other interesting points.
Yes, Akhmetov asks to apply a pilot procedure to his case. That is, in case of a win, any injured business owner in Ukraine will be able to use this case for monetary compensation for their violated property rights. And in fact, will be able to demand from the Russian Federation in the European Court to pay compensation for the lost property.
“Mr. Akhmetov has asked the Court to apply a pilot procedure to this case, as the root cause of Mr. Akhmetov's violations of rights – Russian aggression, destruction and expropriation of property – has similarly devastating consequences for business owners across Ukraine,” the SCM said. p>
It is also important that Akhmetov asked to give the case priority status , given the urgency and seriousness of the situation.
According to the ECtHR procedure, this will allow the claim to be considered in a very short time, unlike ordinary cases, which in the European Court, in the absence of pilot cases, can be considered for years.
Also, lawyers used another procedure provided by the European Court of Human Rights and asked for urgent precautionary measures .
But the content that Akhmetov's lawyers have attached to the concept of “urgent security measures” is also material in nature, and provides for “compensation for gross violations of property rights during Russia's unprovoked military aggression against Ukraine.”
Akhmetov's legal representative in the Court will be a lawyer Bart van Warren from the Brussels office of the international law firm Covington & Burling LLP. And consultations will be provided by partners of this firm – Marnie Chick, Jonathan Gimblett and Nihil Gore.
However, there is a problem point in the case .
As you know, on May 18, the State Duma of the Russian Federation approved in the first reading a bill on non-compliance with the decisions of the European Court of Human Rights, adopted after March 16, 2022.
plans to abandon the decision of the European Court of Human Rights, is currently unknown.
However, according to Akhmetov himself, this is only the first lawsuit and one of the first international legal action against Russia .
“Evil cannot go unpunished. Russia's crimes against Ukraine and every Ukrainian are glaring. The guilty must be punished. I – with the help of the best Ukrainian and American lawyers, a complaint has been filed with the European Court of Human Rights for damages. This lawsuit is one of the first international legal actions against Russia aimed at stopping the criminal activities of the Russian aggressor, destroying the Ukrainian economy and stealing Ukrainian assets. ” Said Rinat A. хметов.
