Oao Neftyanaya Kompaniya Yukos V. Russia
Autor: Bensu Poslu • October 12, 2017 • Case Study • 418 Words (2 Pages) • 417 Views
Case of Oao Neftyanaya Kompaniya Yukos v. Russia
(Application no. 14902/04)
15/12/2014
In the case of Yuko, claiment is Oao Yukos Oil Company and the respondent is Russian Government.
Around 2003, the Yukos Company was the biggest and successful oil producing company. It has had the 20% oil output of Russia’s. The case refers the tax and enforcement against the Russian oil company, Oao Neftyanaya Kompaniya Yukos, by the Russian Government in 2004, which makes the company discharge in 2007. Many shares of the company has taken by the other companies which were supported by the government. The top executives of the Russian oil company Yukos has arrested and from 2003 to 2013, CEO of the company has spent his ten year in the jail.
The claimant claims that Russian Government dispossessed company’s assets and led the company bankrupted by using new taxation system with unlawful way.
The respondent, Russian Government, argued that the executives of the Yukos Company were involved some criminal actions and described the company as a criminal enterprise.
This case has been held according to arbitral rules, UNCITRAL.
The court has found a violation of article 6 e 6 §§ 1 and 3 (b) (right to a fair trivial) of the European Convention on Human Rights regarding tax enforcement against Yukos. The court also found violation of article 1 of protocol no. 1 to the Convention (protection of property). All of these means that enforcements and penalties against Yukos Company had been unlawful.
The Court invited the Yukos and Russian Government to write their observations on that case and reach an agreement. The parties has given their observations on 13 June 2012 and replied each other’s observations on 31 July 2012, 1 March and 15 May 2012.
A Chamber of seven judges give the judgement,
Christos Rozakis (Greece), President,
Dean Spielmann (Luxembourg),
Nina Vajić (Croatia), Khanlar Hajiyev (Azerbaijan),
Sverre Erik Jebens (Norway),
Giorgio Malinverni (Switzerland)
Andrey Yuryevich Bushev (Russia)
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