516 citiri

Contractele în cauză erau valide în conformitate cu legislația civilă la momentul respectiv și așa au rămas, nefiind niciodată invalidate în cadrul procedurilor civile

580. The Court observes that it is neither contested by the parties, nor was it called into question by the domestic courts, that the Yukos production entities had received payment for the oil they had sold to the Yukos trading companies under the contracts concluded to that effect. The contracts in question were valid under civil law at the relevant time and so remain to date, having never been invalidated within civil proceedings. The Court notes that under Article 160 of the Criminal Code “misappropriation or embezzlement” is a type of “stealing”. The definition of the latter offence, as provided at the relevant time in footnote 1 to Article 158, contained among its essential elements “the unlawful and uncompensated taking and/or appropriation of another’s property”.
581. The Court finds itself unable to conceive how a reciprocal transaction that is valid under civil law can amount to “the unlawful and uncompensated taking… of another’s property”. (…)

Curtea Europeană a Drepturilor Omului
(Hotărârea din data de 14 ianuarie 2020, Khodorkovskiy și Levedev împotriva Rusiei (nr. 2), definitivă, disponibilă aici)

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