The High Council of Justice joined the signing of the joint application of the legal community on suspension of execution judgments in favor of the Russian Federation to stop aggression against Ukraine.
The application states that in conditions of the threat looming over the world because of Russia's act of aggression, the world’s community of judges, arbitrators and lawyers consider that the judgments of courts, arbitration and other jurisdictional bodies on any civil or commercial cases, made in favor of the Russian Federation can be recognized and forcibly executed until the final cessation of aggression and elimination of its consequences.
APPLICATION TEXT
The joint application of judges, bodies of justice and forcible execution of judgments, professional judicial associations, arbitrary institutions, legal communities on suspension of execution judgments in favor of the Russian Federation to stop aggression against Ukraine
In conditions of the threat looming over the world because of the aggression of the regime of the President of the Russian Federation Putin, we, world community of judges, arbitrators and lawyers in general, who recognize the value of peace, rule of law, democracy, respect of human rights,
basing on that the General Assembly of the United Nations made a resolution of March 2, 2022, “Aggression against Ukraine”, by which condemned the aggression of the Russian Federation against Ukraine as a breach of Article 2 (4) of the UN Statute, demanding from the Russian Federation an immediate cessation of applying force against Ukraine and abstaining from illegal threats or application of force against any UN state-member, immediately, fully and undeniably withdraw all its armed forces from the territory of Ukraine within its internationally recognized borders, and demanding from all the parties to allow safe and unobstructed passage to destination places outside Ukraine and promote fast, safe and unobstructed access to humanitarian aid to those who need it in Ukraine to defend civilians, including humanitarian personnel and persons who are in vulnerable situations, in particular women, elder people, people with disabilities, indigenous people, migrants and children, and also to respect human rights,
considering that the Russian Federation does not carry out the resolution of the UN General Assembly of March 2, 2022, continues causing aggressive attacks on Ukraine, its peaceful population;
taking into account that the European court on human rights, decisions of which are obligatory for the Russian Federation as state-participant of the Convention for the protection of human rights and fundamental freedoms of 1950, made on March 1, 2022, a decision on applying temporary measures by the appeal of the Ukrainian government against Russia regarding massive human rights violations being committed by the Russian troops in the course of the military aggression against the sovereign territory of Ukraine and its civilians, by which [decision] the Court has decided, in the interests of the parties and the proper conduct of the proceedings before it, to indicate to the Government of Russia to refrain from military attacks against civilians and civilian objects, including residential premises, emergency vehicles and other specially protected civilian objects such as schools and hospitals, and to ensure immediately the safety of the medical establishments, personnel and emergency vehicles within the territory under attack or siege by Russian troops,
considering that the Russian Federation did not take any measures on complying with the decision of the European court of human rights of March 1, 2022, by which violated also the determined by the Convention for the protection of human rights and fundamental freedoms the principle of binding decisions of the Court,
realizing that actions of the Russian Federation of military attacks and capture of the Chornobyl and Zaporizhzhia nuclear power plants put the world in danger of a nuclear catastrophe,
given that any attempts of civilians in the Russian Federation to express disagreement with the aggression against Ukraine are being brutally suppressed, and Russia’s authorities, among other things, make decisions on establishing liability for peaceful protests and manifestations of disagreement with the aggressive policy of the government, that testifies about the attempts of the Russian government to limit fundamental human rights and freedoms,
taking into account that under such conditions any assistance to Russia or controlled by it organizations, companies, funds, banks, financial institutions (hereinafter - Russian-controlled persons), including funds, other property and rights, received or recognized by courts, arbitration or other jurisdictional bodies in favor of these individuals, can be used to support of aggression against Ukraine and the world regardless the will and declared aim of these organizations,
realizing, that recognition and exercising of judgments of courts, arbitrations and other jurisdictional bodies, made in favor of Russia or Russian-controlled persons, will be determined as connivance to the aggressor, assistance the country that does not recognize the binding of a judgment, and as a result, will constitute a violation of international public order,
recognizing, that measures that should be taken by states of all the world, have been dictated by extraordinary conditions and are the result of conscious actions of the Russian Federation, that is why they do not evidence about refusal from international commitments that exist between states concerning recognition and execution of foreign judicial and arbitration decisions, principles of reciprocity and other principles on which these decisions are implemented,
understanding, that the necessity of compliance with principles of respect of the sovereignty of states, human rights, rule of law in all the world has the highest legal power compared to separate norms of procedural legislation and other norms that are being guided by courts, arbitrations and other jurisdictional bodies, as these norms must lean on marked principles,
we solidly consider that:
- decisions of courts, arbitrations and other jurisdictional bodies on any civil or commercial cases, made in favor of the Russian Federation, its bodies, companies, banks, funds, institutions, in which it has substantive part or interest, other Russian-controlled persons (hereinafter – decisions in favor of Russia), cannot be recognized and forcibly executed until the final cessation of aggression by the Russian Federation and elimination of the consequences of this aggression;
- execution of judgments in favor of Russia that are already being executed should be suspended;
- replacement of Russian-controlled persons as participants in judicial, arbitration, execution and other proceedings in whose favor the execution is carried out, with other persons due to the assignment of the right of claim or otherwise should not be allowed, and proceedings in which such a replacement was allowed since the beginning of the Russian aggression against Ukraine, should be suspended;
- participants in proceedings seeking recognition and execution of decisions in favor of Russia must notify this from good faith and make all necessary statements to suspend execution. At the same time, courts and other competent bodies have the authority exofficio to take all measures necessary for the suspension of execution of judgments in favor of Russia;
- judges, lawyers, arbitrators, other participants in proceedings, who are obliged to comply with high professional and ethical standards in these proceedings, must realize their responsibility for saving peace, affirmation of the rule of law and prevention of assistance with armed aggression in any form.
To join the signing of the Joint application, we ask you to fill out the Google form (https://forms.gle/4TJ6W3gKPmc3GFnE6) and in addition send an official letter-affirmation to the Chairman of the Supreme Court by email inbox@supreme.court.gov.ua