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Адвокат по международному праву прокомментировала ситуацию для телеканала Russia Today

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Адвокат по международному праву Хакимова Патимат Магомедовна является частым комментатором различных событий на международной арене с точки зрения их правомерности и легитимности. Сегодня к ней снова обратилась корреспондент телекомпании Russia Today c с просьбой дать комментарий относительно новости об аресте Бельгией активов российского государства. Корреспондент телекомпании задала вопросы, правомерно ли такое решение Бельгии с точки зрения международного права, и какими последствиями для россиян это грозит?

“Приставы Бельгии будут без разбора арестовывать всё имущество, которое принадлежит россии, российским компаниям, частным юридическим и физическим лицами. ЗАтем начнут разбираться. Пойдут иски от собственников этого имущества, во внутренние суды Бельгии, и часть имущества будет освобождено от ареста. Ведь, насколько я понимаю из имеющейся, довольно скудной информации, аресту подлежит лишь имущество российского государства? Следовательно, имущества частных лиц оно не должно касаться.

Само это решение нарушает принципы международного права о суверенитете и иммунитете государств от юрисдикции другого государства, и как следствие – принцип иммунитета собственности государства на территории иностранного государства от осуществления любых властных действий. Непонятно также, на каком основании принято решение об аресте: это не может быть решение ЕСПЧ о нарушении Россией прав вкладчиков ЮКОСа, так как никаких принудительных механизмов такой суд не имеет. Если же эти аресты вытекают из Решения высшего международного арбитражного суда – Постоянной Палаты третейского суда в Гааге, то и здесь государство не может принуждать другое государство к его исполнению – это делается лишь при отказе добровольно исполнять такое решение, и – не государством, а исками истцов, после дополнительных процедур, касающихся исполнения решения третейского суда.

Так что бельгийские аресты – какая-то политическая нелегитимная акция с неясными корнями и туманными перспективами”.

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