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There are made changes to Position about the Representative of the Russian Federation at the European Court under human rights - the deputy minister of justice of the Russian Federation
2008-12-16 06:00

NEWS OF THE FEDERAL LEGISLATION

There are made changes to Position about the Representative of the Russian Federation at the European Court under human rights - the deputy minister of justice of the Russian Federation

  By the RF President Decree from December, 14th, 2008 N 1771 (document is in Russian) there are maked changes to Position about the Representative of the Russian Federation at the European Court under human rights according to which a number of additional functions is assigned to the Representative of the Russian Federation, and also there are specified the requirements to the person, holding a post of the Representative of the Russian Federation.

The Representative of the Russian Federation at the European Court under human rights is appointed the President of the Russian Federation on representation of the Chairman of the Government of the Russian Federation from among the persons having the higher juridical education and owning one of official languages of the Council of Europe; the requirement about that the given person was from among federal civil servants is thus excluded. In addition functions are assigned to the Representative on preparation of recommendations about participation of the Russian Federation in the international contracts and on development of norms of the international law which is equitable to interests of the Russian Federation. Now in exceptional cases the Representative will have the right to establish the reduced terms for execution of the inquiry by authorities and local government about granting of the information about actual and a legal side of business with the appendix of copies of all relevant documents, and also will have the right at trial of affairs in the European Court to involve and experts. The duty is assigned to the Representative to inform the European Court on the agreements reached with the claimant by the Representative or interested federal public authorities, public authorities of subjects of the Russian Federation and local governments, and also takes the further measures with a view of phase-out in Court on corresponding affairs.

 In case of removal by Court or Committee of ministers of the Council of Europe of the decision on payment to the claimant of monetary indemnification in connection with wrongful actions of authorities and local governments and (or) about restoration of the broken right informs on it the specified bodies and the Ministry of Finance of Russia which not later than in a month after reception of the notice from the Representative provide decision execution in full and are obliged to notify the Representative on the accepted measures. Now the Representative will be obliged to inform the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the State Office of Public Prosecutor of the Russian Federation on removal by Court or Committee of ministers of the Council of Europe of the specified decision.



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