In accordance with Article 22 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as with Article 22 of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, I am sending a list of candidates from the Russian Federation for the election of a judge of the European Court of Human Rights. The list includes:
Biographies of candidates, as well as information on the procedure for selecting candidates for the abovementioned position are attached.
[…]
By letter dated 26 May 2020, the Secretary General of the Parliamentary Assembly of the Council of Europe notified the authorities of the Russian Federation about the need to conduct a national procedure for the selection of candidates for the position of a judge of the European Court of Human Rights in respect of the Russian Federation in connection with the expiration of the powers of an acting judge in respect of the Russian Federation in 2022.
On 16 August 2020, the President of the Russian Federation instructed the Ministry of Justice, in co-operation with the Ministry of Foreign Affairs, to organise the necessary procedure of the selection of candidates for the position of judge of the European Court of Human Rights in respect of the Russian Federation.
In pursuance of this order, the Ministry of Justice of Russian Federation formed a Competition Commission for the selection of candidates for the position of a judge of the European Court of Human Rights, to which, in accordance with the resolutions and recommendations of the Parliamentary Assembly of the Council of Europe, as well as the Guidelines of the Committee of Ministers of the Council of Europe, representatives of state authorities, professional, judicial and scientific communities, as well as representatives of public organisations were invited.
The Competition Commission included 3 representatives from the Russian Ministry of Justice; 2 representatives from the Russian Ministry of Foreign Affairs; a representative from the Administration of the President of the Russian Federation; a representative from the Higher Qualification Collegium of Judges; a representative from the Council of Judges of the Russian Federation; Commissioner for Human Rights in the Russian Federation; a representative from the Public Chamber of the Russian Federation; a representative from the All-Russian public organisation "Association of Russian Lawyers"; a representative from the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The Chairman of the Commission was the Minister of Justice of the Russian Federation.
The announcement of a competition for the position of a judge of the European Court of Human Rights in respect of the Russian Federation was published on 4 September 2020 on the official website of the Ministry of Justice of the Russian Federation, on the portal "Regulatory Legal Acts in the Russian Federation", as well as on the website and in the printed version of "Rossiyskaya Gazeta" (official source of publication of regulatory legal acts of the Russian Federation).
The published information announcement contained a list of the requirements of the Council of Europe for the respective candidates, as well as the description of the procedure.
According to the published conditions, the competition was open and anyone could take part in it by submitting, by 5 October 2020, the documents specified in the announcement that would confirm that the applicants had the necessary qualifications, namely:
As of 6 October 2020, the total number of applications received by the Commission was 34.
On 21 October 2020, the first meeting of the Competition Commission was held, during which an initial check of the documents submitted by candidates was carried out. Based on its results, the Competition Commission decided to refuse admission to the further stages of the competition for 7 candidates (6 persons indicated in the questionnaire that they did not possess any knowledge of the second working language of the Council of Europe, 1 person due to their age, if elected, would be over 65). With regard to 24 candidates, it was decided to send them to the assessment of the knowledge of the working languages of the Council of Europe. With regard to 3 candidates, it was decided to exempt them from testing due to their work (at the moment of the competition) in the structures of the Council of Europe, which was a confirmation of their sufficient knowledge of working languages.
Linguistic testing was organised on the basis of MGIMO of the Ministry of Foreign Affairs of Russia, a specialised scientific and educational institution. The assessment of the level of proficiency in language knowledge was conducted by 6 highly qualified teachers (three for each of the languages). The testing was carried out in pre-formed groups over three days from October 28 to 30, 2020 and consisted of written and oral parts. Based on the results of the assessment of each test taker, the teachers filled in forms with a detailed description of the abilities of each of the candidates. Upon completion of this stage, all assessment materials were transferred to the Competition Commission.
On 19 November 2020, the second meeting of the Competition Commission was held, during which, taking into account the feedback of MGIMO experts, 8 candidates were denied further participation in the competition procedures due to their insufficient level of proficiency in the official languages of the Council of Europe. The remaining 18 candidates underwent a personal interview with the Competition Commission, on various subjects such as knowledge of the national legal system, the case-law of the European Court of Human Rights and the activities of the Council of Europe.
Based on the results of the voting by the members of the Competition Commission, a list of six candidates that met the requirements established by the Resolutions and Recommendations of the Parliamentary Assembly of the Council of Europe the most, was determined. The list of selected applicants was published on the website of the Ministry of Justice of Russia on 23 November 2020 and submitted to the President of the Russian Federation for the selection and approval of the final list of three candidates nominated by the Russian Federation to the Advisory Panel of Experts on Candidates for Election as Judge of the European Court of Human Rights and the Parliamentary Assembly of the Council of Europe.
The Ministry of Justice of the Russian Federation and national courts did not receive any complaints from participants in the relevant competitive procedures.
The following 3 candidates were nominated by the Russian Federation:
Name, forename: BUSHEV Andrei Yurievitch
Sex: male
Date and place of birth: 12 February1966 in Leningrad, USSR (currently – St Petersburg, Russia)
Nationality: Russian
Faculty of Law of the University of East Anglia (1999), (ii) University of Leiden (the Netherlands), Institute For East-European Law And Russian Studies – doctoral research devoted to the subject of law and policy in the field of securities regulation in Russia and the CIS (2002-2006), research on the matter of coordination between ECHR’s judgments and the RF Constitutional Court’s judgments (2018-2019);
International law firms – Alen&Overy (London, 1994) and Gide Loyrette Nouel (Paris, 1995);
Multinational corporations – Carlsberg A/S (Helsinki, 1996-2000; Copenhagen, 1999-2000); International Paper Inc. (Memphis, United States, 2009 – 2012, 2019);
International governmental organisation – International Finance Corporation, the World Bank Group (Moscow, Tbilisi, 2003-2004).
Compulsory (statutory) military service; Chitinskaya oblast (Siberia): investigation and filing with the court cases vs. suspects, wide range of criminal offences by military staff (thefts, murders, excess of authority, blows causing injuries, illegal operation of armed forces, etc.); cross-examination, detention and other procedural actions, numerous trips and investigations around countries – members of the former USSR.
Senior associate in French (international) law firm branch in St. Petersburg – Gide Loyrette Nouel (1993-1996): Research Studies and Memorandums on Protection of French investors and foreign citizens’ rights in Russia, on Evolution of Russian Law in a transition period, litigation.
Regional general counsel and corporate secretary for multinational corporations, as well as for domestic organizations: Investment project of the European Bank for Reconstruction and Development with Finnish company and Danish company in Russia; Investment Project of the Belgium company and American company (NYSE) in Russia, etc.; intensive litigation practice in national courts on disputes with public authorities; adaptation of international standards and best practices in legal work to Russia specifics, development of system in compliance, business ethics and anti-corruption investigations, integration of Russian team of lawyers into international legal environment.
International Public Organization (2003-2005): a team leader in a regional branch of the International Finance Corporation (member of the World Bank Group), project on corporate governance: Research Studies and trainings on international best practices in risk management, transparency and information disclosure, decision making and control, codes of business ethics, and the like.
Private practice included also counselling on protection of Human Rights and Fundamental Freedoms with a focus on a property right, right to a fair trial, right to life, right to liberty and security, freedom of thought, conscience and religion, freedom of assembly and associations.
N/A
Constitutional Court of RF: International Conference “On Development of national mechanisms for effective implementation of the European Convention of Human Rights, speaker on the criteria for subsidiary role of the ECHR (2015).
St Petersburg International Legal Forum (moderator) and speaker in the roundtable):
“Universalisation of Legal Instruments and Problem of Extraterritoriality of Jurisdictions” (2011);
“State’s liability for the private persons: corporate social responsibility and human rights” (2013);
Principe of justice and equity in civil law (2018);
National and International forms of human rights protection in the courts (2019);
High School of Economics, Conference, Saint-Petersburg, speaker on criteria for the state’s interference into business activity (2012);
Saint-Petersburg City Prosecutor Office, speaker on the criteria for fair trial and the prosecutors’ role in its insurance (2012);
Association of Corporate Counsels Europe, Munich (2007);
University of Incheon, South Korea, (2009);
University of Helsinki, Finland (2010);
Branch of University of Tartu, Tallinn, Estonia (2011-2013);
University of Napoli by Federico II, Italy (2011, 2012);
International Symposium, on Legal Perspectives of the BRICS Countries, Harbin, China (2015);
International Paper Co, round tables, Brussels, Belgium (2011, 2018), Memphis, United States (2019);
University of Wroclaw, Poland (2018);
International Legal Forum on the International Cooperation, Guangzhou, China (2019);
University of Zurich, Switzerland (2019) – and others.
N/A
Participation in the pro bono initiative
Over 90 publications (including abroad) on human rights and freedoms, private and comparative law, development of risk management legal doctrine, legal criteria for decision-making and others:
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Name, forename: LOBOV Mikhail Borisovich
Sex: Male
Date and place of birth: 1 February 1971
Nationality: Russian
2007 – 2014 – Legal Secretary and Head of Legal Division at the Registry of the European Court of Human Rights
1991 – 1992 - Internship at the diplomatic service, Embassy of the Russian Federation in the Republic of Cameroon, Yaoundé, Cameroon
Extensive experience in the main areas of activities of the Council of Europe, including:
More than 30 public lectures and publications on the implementation of international law, including the European Convention on Human Rights, among which:
Publications in English and French:
Publications in Russian:
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I confirm.
Name, surname: PAVLOVA Natalia Vladimirovna
Sex: female
Date and place of birth: 28 April 1975, city of the Komsomolsk on Amur, Khabarovsk region, USSR
Citizenship: Russian Federation
Higher education, Candidate of Sciences (Law), docent (law)
(international law aspects, disputes with the participation of foreign persons, economic disputes, matters relating to compensation due with regard given to violation of the right to reasonable terms for judicial procedures and execution of judicial Acts within reasonable terms, matters relating to protection of business reputation, etc., preparation of the documents of the Supreme Court of the Russian Federation on clarification of judicial practices, specifically, on matters of application by courts of international law rules, European Convention on the protection of human rights and fundamental freedoms, on compensation due for the violation of the right to reasonable delays of judicial settlement and execution of judicial acts within reasonable delays, on application of the rules of international private law by the Courts of the Russian Federation, on settlement of economic disputes with the participation of foreign parties, etc.)
(up to the date of unification of the Supreme Court and the Supreme Court of Arbitration when both made one Judicial Authority).
Judge of the highest qualification class
(international public law, international private law, international civil procedures, law of integration amalgamations, settlement of international disputes, as well as regular lecturing before the judges of the Russian Federation on matters of application by courts of international public law, the law of the Council of Europe and legal regulations of the European Court on Human Rights, international private law, the laws of integration amalgamations, settlement of disputes with foreign parties involved).
Drafting as an expert of international legal documents, draft international treaties under the aegis of the United Nations Commission on the Law of International Trade (UNCITRAL), Commonwealth of Independent States, Euroasian Economic Union.
N/A
Protection of violated and disputed rights of physical and juridical persons in the course of justice administration, inter alia, through the recourse to the rules of the European Convention on the Protection of Human Rights and Fundamental Freedoms of 1950, case law practices of the European Court on Human Rights.
Lecturing before the students of law faculties on the application of the rules of international law, European law and national laws relating to human rights protection, case practices of the European Court on Human Rights.
Lecturing before the judges of the Russian Federation on matters of the protection of human rights, inter alia, through the application of the respective laws of the Council of Europe, and in keeping with the rules of the European Convention on the Protection of Human Rights and Fundamental Freedoms of 1950, case practices of the European Court on Human Rights.
Acting as an expert in joint programmes held by the Council of Europe and the Russian Federation on matters of implementation of the standards set by the Council of Europe and practices of the European Court on Human Rights into the legal system of the Russian Federation, and specifically, with regard to the programmes of cooperation with a view to perfecting the judicial system of the Russian Federation, courts of arbitration and training of the judges.
Lecturing in the refresher training programmes in the European Educational Institute and the Council of Europe on «Realization of international and constitutional guarantees relating to human rights in Russia’s legal and law enforcement practices», 2019.
Participation in preparing draft normative acts with due account given to internationally established standards pertaining to human rights protection, relevant practices of the European Court on Human Rights, and, specifically, Arbitral Procedural Code of the Russian Federation of 2002 года, Federal Law «On compensation for the violations of laws governing judicial procedures and within reasonable time or the right to have the judicial act executed within reasonable time» of 2010, etc.
Preparation of the documents, analytical studies and generalizations with regard to judicial practices, legal acts relating to human rights issues, for example, application by Courts of the rules of international law, European Convention on the protection of human rights and fundamental freedoms, application of the Federal Law “ On compensation for damage caused by the violation of the right to judicial procedure within reasonable terms or the right to execution of the judicial act within reasonable term».
Participation in science- practical conferences and seminars dedicated to the protection of human rights which were held, inter alia, under the auspices of the Council of Europe, for example, the report delivered on application of the rules of the European Convention on the protection of human rights and fundamental freedoms by the Courts of arbitration of the Russian Federation and the impact of the principle of subsidiary responsibility on the studies of claims resulted by the violation of the said Convention at the Conference «Realization of the European Convention on the protection of human rights and fundamental freedoms by national judicial systems: experience of Russia and Italy» (St.Petersburg, Constitutional Court of the RF, 28.05.2012); Report on «Impact of international integration on national justice administration» which was delivered at the international conference «Justice in the times of integration», Moscow- Suzdal, 31.05.-03.06.2017.
1997-2011 – state service in the judicial system of the Russian Federation
Senior consultant, chief consultant of the department of international private law, Supreme Court of Arbitration of the Russian Federation, assistant to the judge, Head of the Department of international law and international cooperation of the Supreme Court of Arbitration of the Russian Federation.
Member of the Higher Examination Commission of the Russian Federation on qualification exams for judges (2012-2016).
None
Member of the Association of International Law of the Russian Federation.
Starting 1995 till now.
Making widely known the concepts of international law and relevant studies in the field of international, European law included, sharing experience with scholars and lecturers of international law.
Author of over 50 scientific works and publications on international public and international private law, the law of integrational amalgamations as well as international civil and arbitration procedures, and specifically:
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I hereby confirm my determination to continue intensive language classes of the French language as the second official language of the Court, if I am elected a judge on the Court.