Ukraine will pay the Crimea for the blockade

01 March 2018, 15:00 | Policy
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Kiev will force to compensate damage from the energy block of the peninsula in 2015. Lawyers prepare dozens of lawsuits in Ukrainian courts. Officials Urge Crimeans Affected by Cessation of Energy Supply to Join Claims. Most likely, the Ukrainian courts will not consider the treatment of Crimeans, reports "Free Press". Firstly, because no one has taken responsibility for the undermining of power transmission line supports (LEP), and it will be impossible to prove the involvement of this or that group in this incident. Secondly, Themis Nezalezhnaya had previously ignored the appeals from the inhabitants of the peninsula - for example, the demands to compensate for the damage from the overlap of the North-Crimean channel in 2014. Lawyers have one opportunity to achieve their goal: to go through all the steps of the Ukrainian judicial system first, and then apply to the European Court of Human Rights in Strasbourg. There is a possibility that a political decision will be made on the Crimean lawsuits, but it's worth trying happiness. "It is a matter of lawsuits, not of a political, but of an economic nature. Despite various political vicissitudes, life continues, and economic entities are connected by commercial contracts. Electricity is one of the types of goods that need to be supplied by the rules. Breach of contractual obligations, of course, provides for and responsibility, "- explained Professor of the Department of International Law MGIMO Dmitry Labin. The filing of lawsuits in the Ukrainian courts is due to the fact that usually all disputes arising from commercial contracts are filed at the location of the defendant. "Ukraine is a full participant in the European Convention for the Protection of Human Rights and Freedoms, article six of which, inter alia, provides for free access to justice for all citizens.

If the plaintiffs find that after the proceedings their rights have not been restored, they have not been paid appropriate compensation for the damage, they will have grounds to file a suit with the European Court of Human Rights. This procedure is also spelled out in the Convention. But in this case, the complaint will be formulated precisely to Ukraine, as to the state, which assumed the obligations to implement the Convention, but did not restrain them, "the professor said.. What prospects for a favorable outcome for the Crimean people in the ECHR, difficult to say. But you need to try to use all available legal instruments, so that in the filing of a claim in any case there is a point. The direction of the complaint, its adoption and consideration on the merits - "this is not a fast process," judicial red tape may take several years. Therefore, "you need to be patient and wait for a chance to restore justice". The head of commercial practice of the law firm BMS Law Firm Denis Frolov agrees that the ECHR will have to consider claims of Crimeans. After all, in this case we are talking not about the territorial dispute between Ukraine and Russia, but about the claims of individual citizens and enterprises. They can not be left without legal protection, whoever belongs to the peninsula.

However, "the authorities of the Crimea will need to prove that the actions of the Ukrainian authorities were illegal and that they caused the losses incurred". The claim for damage is expected to be presented to the leader of the Crimean Tatar activists in Ukraine, Lenur Islyamov, who was behind the undermining of the power lines. "If it comes to a complaint to the European Court, then, at a minimum, the case must be considered: both Russia and Ukraine are members of the Council of Europe. However, the specifics of such proof again depends on the circumstances of the concrete case, "Frolov said..




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