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Постановление Европейского суда по правам человека от 21.10.2010 «Дело Петр Королев (Petr Korolev) против России» [англ.]



(Application No. 38112/04)


(Strasbourg, 21.X.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Petr Korolev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 30 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 38112/04) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Petr Vasilyevich Korolev ("the applicant"), on 10 September 2004.
2. The applicant was represented by Ms Y. Gavrilova, a lawyer practising in Vladivostok. The Russian Government ("the Government") were represented by Mrs V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 24 January 2008 the Court declared the application partly inadmissible and decided to communicate the complaints concerning length of the criminal proceedings against the applicant and non-enforcement of a foreign judgment in his favour to the Government.


I. The circumstances of the case

4. The applicant was born in 1951 and lived in Vladivostok.

A. Labour dispute

5. On 17 July 1995 the commanding officer of a military unit appointed the applicant as deputy master of the medium tanker (MT) Argun. On 25 July 1995 the command of the auxiliary fleet service of the Russian Pacific Fleet sent the applicant on a trade mission to Singapore. On 1 September 1995 the commander of the military unit appointed him as master of MT Argun. The applicant remained in this post until 10 April 1999.
6. Between 28 April 1994 and 5 April 1996 the tanker was leased out by the State Committee for Management of the Property of the Russian Federation ("the State Property Committee") to a private company Inakva Co. The lease agreement stipulated that the tanker was to be staffed by the auxiliary fleet service of the Pacific Fleet which also paid the staff's wages in the Russian national currency. Inakva Co was obligated to cover the part of the staff's wages that was paid in foreign currency and the tanker maintenance costs.
7. On 5 April 1996 the State Property Committee signed a new lease agreement with an American company National Pacific Limited.
8. On an unspecified date the applicant and his crew brought proceedings in the High Court of South Africa for the unpaid wages earned by them in 1995, 1996 and 1999.
9. On 25 May 1999 the tanker was arrested in Cape Town, South Africa, pending adjudication of the dispute.
10. By judgment of 25 November 1999 (of 13 August 1999 according to the documents submitted by the Government), the High Court of South Africa declared the Russian Federation to be the lawful owner of the vessel.
11. On 12 March 2001 the Min

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