Veniamin Fedorovich Yakovlev, Advisor to the President of the Russian Federation. Veniamin Fedorovich Yakovlev: biography. What was Veniamin Yakovlev famous for - patriarch of jurisprudence and presidential adviser

Veniamin Yakovlev was born on February 12, 1932 in the city of Petukhovo, Kurgan region. He graduated from school in the city of Ishim, Tyumen region. He graduated with honors from the Sverdlovsk Law Institute with a degree in jurisprudence in 1953.

After graduating from the institute in 1953, for three years the young man worked at the law school of the city of Yakutsk. From 1956 to 1960 he worked in the Prosecutor's Office, as a senior assistant prosecutor of the Yakut Autonomous Soviet Socialist Republic.

Then he devoted about 30 years to scientific, teaching and leadership work at the Sverdlovsk Law Institute, where he held the positions of senior lecturer, associate professor, dean of the faculty, head of the department, and vice-rector for academic affairs. He has scientific works on problems of the theory of law, civil law, and justice. As a result - Doctor of Law. Professor. Corresponding Member of the Russian Academy of Sciences.

From 1987 to 1989 he was Director of the All-Union Scientific Research Institute of Soviet Legislation in Moscow. Also, from 1988 to 1989, he was deputy chairman of the public Commission for International Cooperation on Humanitarian Problems and Human Rights. In 1989, he was director of the All-Russian Research Institute of Soviet State Construction and Legislation.

From 1989 to 1991 - Minister of Justice of the USSR, at the same time from 1990 to 1991 he was the chief state arbitrator of the USSR and chairman of the Supreme Arbitration Court of the USSR. In 1990 - 1991 - member of the CPSU Central Committee.

At the end of 1991, he took the position of State Advisor on Legal Policy to the President of the RSFSR.

In January 1992, he was elected Chairman of the Supreme Arbitration Court of the Russian Federation. He headed the work on the creation, and then on the organizational, legal and personnel support of the system of arbitration courts of the Russian Federation. In January 2005, when he reached the age limit for the position of a judge, his powers expired.

For many years he has specialized in major research in the field of civil law and commercial legislation. Studied the general theory of law. Author of more than 150 scientific papers, many of which are of great practical importance for solving problems of legal support for economic reforms in Russia. He was one of the developers of the concept of the Fundamentals of Civil Legislation of the USSR and Union Republics, as well as the new Civil Code of the Russian Federation, laws on property, and cooperation.

By decree of the President of the Russian Federation Vladimir Putin, on January 31, 2005, he was appointed an adviser to the President of the Russian Federation, and on February 15, 2005 - a representative of the President of the Russian Federation in the High Qualification Board of Judges of the Russian Federation. On May 13, 2008, by Decree of the President of the Russian Federation Dmitry Medvedev, he was again appointed Advisor to the President of the Russian Federation.

Co-chairman of the Russian Lawyers' Association, advisor to the president, Doctor of Law, professor, corresponding member of the Russian Academy of Sciences, Honored Lawyer of the RSFSR Veniamin Yakovlev, died on July 24, 2018, after a long illness at the age of 87.

Awards of Yakovlev Veniamin Fedorovich

Full holder of the Order of Merit for the Fatherland.
Order of Merit for the Fatherland, IV degree - “for great contribution to ensuring the activities of the President of the Russian Federation and many years of public service”;
Order of Merit for the Fatherland, 1st degree - “for outstanding services in the development of Russian statehood and improvement of the judicial system”;
Honorary civil order Golden Cross “For service to society”;
Order of Merit for the Fatherland, II degree - “for great personal contribution to improving the legal regulation of economic relations and the development of legal science”;
Gold badge of honor “Public Recognition”;
Order of Merit for the Fatherland, III degree - “for services to the state and great contribution to strengthening the rule of law”;
Medal named after A.F. Koni for services to Russian jurisprudence;
Medal In memory of the 850th anniversary of Moscow;
Honored Lawyer of the RSFSR; Honorary citizen of the Sverdlovsk region;
Order of the Russian Orthodox Church of St. blgv. book Daniil of Moscow II degree.

Adviser to the President of the Russian Federation, former Chairman of the Supreme Arbitration Court Veniamin Yakovlev.

Veniamin Fedorovich Yakovlev was born on February 12, 1932 in the town of Petukhovo, Ural Region of the RSFSR (now Kurgan Region) into a family of workers.

In 1953 he graduated from the Sverdlovsk Law Institute (SLU; now the Ural State Law University), then studied graduate school there.

In 1963 he defended his dissertation for the degree of Candidate of Legal Sciences on the topic “Agricultural Products Contracting Agreement”.

Doctor of Law. In 1972, he defended his dissertation at SUI on the topic “Civil-legal method of regulating public relations.”

Corresponding Member of the Russian Academy of Sciences (2003).

Since 1953 he worked as a teacher, from 1954 to 1956 - director of a law school in Yakutsk.

In 1956-1960 - senior assistant prosecutor of the Yakut Autonomous Soviet Socialist Republic (now the Republic of Sakha, Yakutia).

From 1956 to 1991 - member of the Communist Party of the Soviet Union (CPSU).

From 1960 to 1987 - in scientific and managerial work at the Sverdlovsk Law Institute, where he held the positions of senior lecturer, associate professor, dean of the faculty, and head of the department. Since 1973 he was vice-rector for academic affairs.

In 1987-1989 - Director of the All-Union Scientific Research Institute of Soviet Legislation in Moscow (now the Institute of Legislation and Comparative Law).

From July 1989 to December 1990 - Minister of Justice of the USSR in the government of Nikolai Ryzhkov. Replaced Boris Kravtsov at the head of the department.

In 1990-1991 - member of the central committee of the CPSU.

From December 1990 to November 1991, he served as Chairman of the Supreme Arbitration Court of the USSR.

In 1991 - State Advisor on Legal Policy to the President of the USSR - Head of the Legal Service of the Office of USSR President Mikhail Gorbachev.

In 1992-2005 - Chairman of the Supreme Arbitration Court of the Russian Federation. Elected by the Supreme Council of the Russian Federation on January 23, 1992, confirmed in this position by a resolution of the Congress of People's Deputies of the Russian Federation on April 21, 1992 (785 deputies voted for, 41 against, 19 abstained). Left his post upon reaching the age limit.

In 1993, he was a member of the working commission to finalize the draft constitution proposed by Russian President Boris Yeltsin.

On January 31, 2005, he went to work in the Administration of the President of the Russian Federation, where he was appointed adviser to the head of state, Vladimir Putin. Retained his position in the Administration of Russian President Dmitry Medvedev (since May 13, 2008). On May 25, 2012, after the next presidential election, he again became an adviser to Vladimir Putin (reappointed on June 13, 2018).

In 2005-2009 - representative of the President of the Russian Federation in the High Qualification Board of Judges of the Russian Federation.

Professor of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation (RANEPA). He was a member of the academic council and was the head of the department of legal support for market economics at the International Institute of Public Service and Management of the Russian Presidential Academy of National Economy and Public Administration. He also headed the department of legal regulation of the fuel and energy complex at the International Institute of Energy Policy and Diplomacy at MGIMO University of the Russian Foreign Ministry.

He was the chairman of the Council for the Codification and Improvement of Civil Legislation under the President of the Russian Federation (since 1999), co-chairman of the Russian Lawyers Association (since 2005; in 2008 - chairman of the association). He was a member of the Committee for Promoting Modernization and Technological Development of the Economy of the Chamber of Commerce and Industry of the Russian Federation.

The total amount of declared income for 2017 was 12 million 88 thousand rubles, spouses - 312 thousand rubles.

Full holder of the Order of Merit for the Fatherland, I-IV degrees (2005, 2002, 1997, 2012). He was awarded a Certificate of Honor (2008) and gratitude (2007) from the President of the Russian Federation.

Honored Lawyer of the RSFSR (1982).

Honorary citizen of the Sverdlovsk region.

Author of more than 150 scientific publications on problems of legal theory, in particular, books and textbooks: “Civil Law” (1985), “Legal Conflictology” (1995), “Commentary to the Arbitration Procedural Code of the Russian Federation” (1995), etc. One of the authors of the Civil Code of the Russian Federation, the federal constitutional law "On Arbitration Courts in the Russian Federation", the law "On the Status of Judges of the Russian Federation".

He was married, his wife was Galina Yakovlevna (born 1930), she worked as a teacher. Daughters: Natalya Smirnova (born 1956) and Vera Minina (born 1960).

On Tuesday, July 24, Veniamin Fedorovich Yakovlev passed away after a long illness. He is called the patriarch of Russian jurisprudence.

Former Minister of Justice of the USSR, former Chairman of the Supreme Arbitration Court of the USSR, and then of Russia, Advisor to the President of the Russian Federation, one of the authors of the Russian Constitution, Corresponding Member of the Russian Academy of Sciences, author of scientific works on the problems of legal theory, civil law, justice - list the statuses and Veniamin Yakovlev's titles can take a long time.

Presidential Advisor Veniamin Yakovlev passed away at the age of 86. Photo: RIA News

But the main thing is that with all this and in all his positions, no matter how high they were, he was not an official, he was, first of all, a person and a lawyer to the core.

In words of condolences to his family and friends, President Vladimir Putin called his adviser “a major scientist, a prominent statesman, a widely educated person who has shown his talent, responsibility and dedication in almost all areas of jurisprudence.” “It is difficult to overestimate Veniamin Fedorovich’s contribution to the improvement of the domestic judicial system, to the development of legal science and education. He was a human rights activist in the highest sense of the word,” the head of state noted.

Yakovlev was born on February 12, 1932 into a working-class family. After graduating from the Sverdlovsk Law Institute (now the Ural State Law University), he made a brilliant legal career. From July 1989 to December 1990, he was one of the last ministers of justice of the USSR, then - chairman of the Supreme Arbitration Court of the USSR. In 1992, he became chairman of the Supreme Arbitration Court of the Russian Federation, which he headed for 13 years. In many ways, it was he who created the system of arbitration courts in Russia.

In the early 1990s, Yakovlev worked in a team of authors on the text of the Russian Constitution. Later he was one of the initiators of the creation of the Russian Lawyers Association. From 2005 until his last days, Yakovlev was the President’s adviser on legal issues, headed the Presidential Council for the codification and improvement of civil legislation, and improved civil law.

Farewell to Veniamin Yakovlev will take place on Thursday, July 26, at 11.00 in the ritual hall of the Central Clinical Hospital of the Administration of the President of the Russian Federation.

Remembering

Pavel Krasheninnikov, co-chairman of the Russian Lawyers Association:

This is a huge loss not only for the legal community, but for the entire country. This is also a personal loss for me, because Veniamin Fedorovich taught at the Sverdlovsk Law Institute, where I studied with him. This is one of the founders of our country's legal system. He participated in the preparation of the Constitution, the preparation of the Civil Code, legislation on the judicial system and the arbitration system.

He was also an excellent teacher, he had a huge number of students. And until his last days, he was engaged not only in lawmaking, but also in education. He taught a lot, wrote many books, including textbooks. We can say that he was a teacher in life, we all studied with him and called him a teacher with a capital T. Of course, the loss is huge. I express my condolences to all relatives, friends and those who knew Veniamin Fedorovich.

Born on February 12, 1932 in the town of Petukhovo, Kurgan region. Father - Yakovlev Fedor Kuzmich (1901-1942). Mother - Yakovleva Domna Pavlovna (1905-1997). Wife - Galina Ivanovna Yakovleva (born November 9, 1930). Children: Natalya Veniaminovna Smirnova (born October 14, 1956), Vera Veniaminovna Minina (born April 24, 1960).

The Yakovlev family settled in the Kurgan region at the beginning of the 19th century during a period when there was a mass exodus of peasants from the central regions to the outskirts of Russia. As a result, the former Kursk residents became residents of Siberia, and Veniamin Fedorovich, with full justification and pride, considers himself a Siberian - by birth and character.

The most vivid impression of his childhood for Veniamin, the only son in the family, was from joint trips with his father to nearby regions, where his father was often sent in connection with his work as an electric motor mechanic, especially since during the years of intensive electrification such a specialty presupposed financial independence and high authority .

It is usually quite difficult to draw the line between childhood and adulthood. The exception is the fate of people who experience any extreme events during this period. In the life of Veniamin Fedorovich, as well as in the life of his entire generation, such an event was the Great Patriotic War. At the age of nine, he lost his father, who died in the Smolensk region, and was left with his mother and two sisters as the only male in the family. The funeral came as a shock to them. The boy was very upset by what happened, feeling the loss of his beloved father as the highest tragedy. The dream of reigning justice in the world settled in the teenager’s soul. Over the years it became deeper.

Veniamin graduated from school in the city of Ishim, Tyumen region, where in those years a lot of intelligentsia settled, people from families of exiled political prisoners. In the house of childhood friend Leni Ognev, later an outstanding nuclear physicist, doctor of science, professor, laureate of Lenin and other high awards, the guys found an old chest filled with Niva magazines with applications of fiction for many years - an inheritance from the lodger previously convicted woman. Friends read this find from cover to cover. The young people were breathtaking from the familiarization with the values ​​they touched, from the depth of human intelligence that they felt.

When the time came to choose a profession, Benjamin had no doubts - jurisprudence, law. The Sverdlovsk Law Institute was especially attractive to applicants of those years, as it was not very easy to enter. The institute employed many highly qualified legal scholars who were evacuated to these regions during the war. One of the most authoritative figures of the teaching staff was Boris Borisovich Cherepakhin, a specialist in Roman and civil law, whose lectures later became an excellent school for Veniamin and his student friends.

The entrance exams were passed successfully, and V. Yakovlev’s first dream comes true; he is a student at the Sverdlovsk Law Institute. Studying was interesting and easy. The atmosphere among students was creative, scientific circles were organized everywhere. Students at all levels had a genuine interest in science. At first, Benjamin began to study state law. The topic of his work was the People's Republic of China.

Since his first year, Veniamin dreamed of graduate school. He was especially attracted by the example of graduate student Sergei Sergeevich Alekseev, in the future an outstanding lawyer, corresponding member of the USSR Academy of Sciences, with whom fate constantly collided with him.

Best of the day

Moscow State University professor August Alekseevich Mishin was present at the final exams. After Yakovlev’s answer, he, turning to the rector of the institute, did not even ask, but rather stated: “Of course, are you taking him to graduate school?!” Veniamin took his breath away, but from the confusion of the examination committee he realized - no! Only years later did I accidentally see my personal file, in which someone’s “caring” hand had carefully highlighted in red pencil the absurd assertion that Yakovlev’s grandfathers were kulaks. The absurdity was also that, according to all the canons of that time, they were considered middle peasants and were never subjected to dispossession.

In the 50s, in the Ministry of Justice system there was a network of legal circles that trained judges, prosecutors, and researchers on the basis of secondary education in an accelerated program in two years. It was precisely such an educational institution that Veniamin Yakovlev and his friend Vladimir Postolov chose for their first work in 1953 in Yakutsk. They became teachers of state theory and law and criminal law at the law school. Having worked at the school for almost a year and a half, V. Yakovlev was still the youngest of the school’s inhabitants, including students. When in December 1954 the question arose about appointing him, a 22-year-old Komsomol member, to the post of director of this educational institution, he was recommended as a member of the CPSU.

In 1956, law schools like Yakutsk were closed. V.F. Yakovlev goes to work at the Prosecutor's Office of the Yakut Autonomous Soviet Socialist Republic. This became a turning point in the life of the young lawyer, since it was as a prosecutor that Veniamin Fedorovich first began to practice civil law.

Due to the nature of his activity, V.F. Yakovlev at that time often attended various meetings of prosecutors. One of these meetings took place in Novosibirsk. Veniamin Fedorovich had a unique opportunity to come to Sverdlovsk, see his family, meet friends, and talk with the leadership of his native institute. The conversation with the rector went well: Veniamin receives an invitation to graduate school.

The topic of the candidate's dissertation was suggested by the changes taking place in society at that time. Since 1958, there has been a tendency towards the legalization of commodity-money relations. It was expressed, in particular, in a departure from mandatory, essentially tax, collective farm food supplies. At the suggestion of N.S. Khrushchev, the state was supposed to purchase products from collective farms. All this was very fresh and relevant, and therefore the issue of “agreement for contracting agricultural products” worried many scientists and became the subject of V.F. Yakovlev’s Ph.D. thesis.

After her successful defense in 1963, V.F. Yakovlev successively became a senior teacher, associate professor and, soon, dean of the evening faculty of the Sverdlovsk Law Institute. The scientist's career is developing successfully. He is appointed vice-rector of the institute for scientific work and elected head of the department. In this capacity, he contributes to the introduction of new specializations. Among them are legal service in economics, forensic and prosecutorial, investigative areas in the training of graduates, as well as bringing training closer to legal practice.

In 1973, V.F. Yakovlev defended his doctoral dissertation on the topic “Civil-legal method of regulating public relations,” which, according to his own statement, became the main work of his life. The scientist's authority is growing, he is appointed deputy chairman of the scientific and methodological council for jurisprudence of the USSR Ministry of Higher Education.

The second half of the 80s saw profound changes in the life of V.F. Yakovlev. In August 1987, he was transferred to Moscow and appointed director of the All-Union Scientific Research Institute of Legal Sciences, later renamed the Institute of Soviet State Construction and Legislation under the Supreme Soviet of the USSR (now the Institute of Legislation and Comparative Law under the Government of the Russian Federation). During these years, the institute was fully involved in the development of new types of bills. It was the institute, in collaboration with the Legislation Committee of the Supreme Council of the RSFSR, represented by such highly qualified lawyers as S.S. Alekseev and Yu.Kh. Kalmykov, the USSR Academy of Sciences, represented by Academician V.N. Kudryavtsev, that developed the foundations of civil legislation of the USSR, which became the basis for the future Civil Code of the Russian Federation. To a large extent, they became the normative basis for the proclamation and establishment of the rule of law, the idea of ​​which was first voiced at the 19th Party Conference. It is no coincidence that one of the six resolutions adopted by this fateful conference was called “On Legal Reform” and meant the unconditional supremacy of laws, and not of the state and officials.

In 1989, V.F. Yakovlev, as director of the institute, gained such authority among specialists and politicians that his nomination to the post of Minister of Justice of the USSR was quite logical and natural. When it was approved by the Supreme Soviet of the USSR, he proposed a Concept for the development of the ministry, which assumed the rejection of dogmatism and ossification, which formed the basis of the official concept of the Ministry of Justice. One of the first practical actions of the new Minister of Justice of the USSR was to reduce the range of positions requiring approval by the minister, to increase the independence and responsibility of the Ministers of Justice and the Supreme Courts of the Union Republics for the selection of personnel and for organizing the work of the entire legal economy. The main direction in the work of the Ministry of Justice and its head was the preparation of a regulatory framework for democratization and reform of the economy of the USSR, through the consistent implementation of market reforms.

The Ministry of Justice was in its work clearly ahead of social and political events in the state. Thus, a new field of his activity in those years was the registration of public associations. With the adoption of the relevant regulations, the legal and legitimate activities of political parties, public self-government organizations, religious associations, unions of creative figures, those structures without which it is impossible to imagine the life of Russian society on the eve of the 21st century, became possible.

This period marks the long-overdue systematization of the legislation of the USSR and the continuation of work on the Code of Laws. A real achievement was the development of the Law “On the Status of Judges of the Russian Federation”. As a result, new principles were introduced in the practice of justice that excluded party and administrative control over the courts.

In the sphere of the USSR Ministry of Justice in the period 1989-1990. included solving the most complex problems of that time: legal issues related to national and interethnic conflicts (Nagorno-Karabakh, Tbilisi, etc.), freedom of movement of citizens, transformation of the institution of registration in the transition to a market economy, new labor legislation, copyright, laws on joint stock companies, joint ventures - all of them were embodied in legal and regulatory acts, developed with the direct participation of V.F. Yakovlev, and became the basis of the new economic system emerging in the Soviet Union at that time.

In the context of the beginning of the collapse of the USSR, the Union Ministry was losing its constructiveness and perspective. Analyzing the current situation, V.F. Yakovlev foresaw that the unifying principle for the “scattering” republics would be the economy, the legal regulation of which would certainly lead to the need for economic legal proceedings. Under these conditions, state arbitration in the form in which it existed in the USSR had to be reformed into economic courts. The post of Chief State Arbitrator remained vacant in 1990. Veniamin Fedorovich himself went to the Supreme Council with a request to appoint him to this post. By the time he was confirmed in office, the Congress of People's Deputies of the USSR had adopted the "Law on the Arbitration Court of the USSR", in accordance with which V.F. Yakovlev was now called the Chairman of the Supreme Arbitration Court of the USSR.

Since the end of 1991, V.F. Yakovlev was the State Advisor on Legal Policy under the President of the USSR - the head of the legal service of the Office of the President of the USSR.

After the signing of the Belovezhskaya Accords, the field of his activity becomes exclusively the Russian Federation. Since 1992, Veniamin Fedorovich has been the Chairman of the Supreme Arbitration Court of the Russian Federation. The main direction of V.F. Yakovlev’s activity is the formation of the Russian judicial and arbitration system. During these years, he took an active part in the development and implementation of the Federal Constitutional Law “On Arbitration Courts in the Russian Federation” and the Arbitration Procedural Code of the Russian Federation. As the first Chairman of the Supreme Arbitration Court of the Russian Federation, V.F. Yakovlev stands at the origins of the now formed and successfully functioning system of arbitration courts of the Russian Federation.

V.F. Yakovlev is the author of numerous publications, monographs, and textbooks. Among them: “Civil-legal method of regulating public relations” (published by the Sverdlovsk Law Institute, 1972), “Civil Law” (M., Higher School, 1985), “New in Contract Law” (M., 1994), "On the Civil Code of the Russian Federation" (M., 1995), "Chapter 27 of the Commentary on the Civil Code of the Russian Federation" (M., 1995), "Chapters 49-52 of the Commentary on the Civil Code of the Russian Federation" Federation" (M., 1996), "Legal Conflictology" (M., 1995), "Commentary to the Arbitration Procedural Code of the Russian Federation" (M., 1995).

Veniamin Fedorovich Yakovlev - Honored Lawyer of the RSFSR (1982). He was awarded the Order of Merit for the Fatherland, III degree, medals “For Valiant Labor” in commemoration of the 100th anniversary of the birth of V.I. Lenin and “In memory of the 850th anniversary of Moscow.”

For many years, V.F. Yakovlev’s main hobby has been tourism. Kamchatka, the Kuril Islands, Sakhalin, Primorye, the Urals, Baikal, the Sayans - this is not a complete list of places where he and his friends walked, swam, drove thousands of kilometers, visited and fell in love with exotic places, often ending up in unexpected, sometimes extreme situations. Other sports hobbies include alpine skiing.

In my free time, my favorite pastime is reading fiction, memoirs and journalistic literature.

Lives and works in Moscow.

V.F. Yakovlev, in connection with reaching the legal age in January 2005, retired from the post of Chairman of the Supreme Arbitration Court of the Russian Federation. By Decree of the President of the Russian Federation dated January 31, 2005, he was appointed to the position of Advisor to the President of the Russian Federation.

Since January 1992, V.F. Yakovlev led the work to create and ensure the activities of the systems of arbitration courts of the Russian Federation, administering justice in the economic sphere, as an independent, independent branch of the judiciary.

V.F. Yakovlev graduated from the Sverdlovsk Law Institute in 1953. Until 1960 he worked in government positions in Yakutia. Then, for 30 years, he was engaged in scientific, teaching and managerial organizational work at the Sverdlovsk Law Institute, where he headed the department of civil law and served as vice-rector of the institute. In 1987, he was transferred to work in Moscow, where until 1989 he headed the Research Institute of Legislation, and in 1989-90 he held the post of Minister of Justice of the country in the USSR Government. At the beginning of 1991, he was elected Chairman of the Supreme Arbitration Court of the USSR, and from January 1992 to February 2005, he headed the Supreme Arbitration Court of the Russian Federation.

V.F. Yakovlev is a major civil rights scientist. Author of more than 150 scientific works, many of which played a major role in the formation and development of independent justice and the construction of the rule of law in Russia. He heads the Research Center for Private Law and is the Chairman of the Council for the Codification of Civil Legislation under the President of the Russian Federation.

Veniamin Fedorovich Yakovlev - Doctor of Law, Professor of Law, Corresponding Member of the Russian Academy of Sciences, Honored Lawyer of the Russian Federation. His activities are highly appreciated by the state. He was awarded the Order of Merit for the Fatherland, III, II and I degrees.

As Advisor to the President of the Russian Federation V.F. Yakovlev participates in the implementation of major programs aimed at further improving legislation, increasing the efficiency of justice, and strengthening the foundations of the rule of law. He was a member of the “Group of Wise Men” of the Council of Europe to improve the effectiveness of the control mechanism of the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights.