The Ministry of Justice issued a statement on the appointment of the Russian, Yuri Mishalchenko, on the post of General Adviser in Belarus' oil lawsuit to Russia in the CIS Economic Court. According to the Justice Ministry, it can be "contrary to the principles of parties' equality and justice" when considering the claim.
In Belarusian ministry noted that formally the appointment was not contrary to the regulations of the CIS Economic Court. However, as emphasized in Justice Ministry, Yuri Mishalchenko is a professor at St. Petersburg State University of Economics and Finance and Northwestern Academy of State Service under the President of Russia.
As stated in the declaration, the founder of the first university and coordinator of the second (Russian Academy of State Service under the President of Russia) is Russia’s government, which is a defendant in the case, and because of it the appointment of Yuri Mishalchenko on the post of General Advisor may be contrary to the principles of equality between the parties, fairness, cooperation between states , the rule of international law in interstate relations and faithful execution of treaties.
«These principles are assigned in article 2 of the UN Charter, norms of Declaration on Principles of International Law on October 24, 1970, articles 26-27 of the Vienna Convention on the Law of Treaties and some other international treaties. On similar principles based judicial proceedings and assizes in the WTO, which is the model organization in the field of free trade», Belarusian Ministry of Justice noted.
The ministry makes conclusion that Belarusian side has «reasonable doubts» about the impartiality of functions’ execution by Yuri Mishalchenko, who must infer on the case, which is «important for the formation of the judges position and may affect the validity and legality of the final decision».
Belarusian Justice Ministry has already transmitted to the CIS Economic Court an application and hopes the decision on the subject to be «balanced, reasonable and lawful».
