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

July 2006 the proceedings resumed, but the hearing did not take place as the applicant's counsel did not appear.
29. On 12 July 2006 the applicant was granted leave to study the new bill of indictment until 21 July 2006.
30. On 24 July 2006 the court granted the applicant's request to send the case back to the prosecutor for re-drafting of the bill of indictment. The case was returned to the court on 18 August 2006 and was assigned to judge P.
31. The hearings scheduled for September and October 2006 did not take place due to the applicant's illness.
32. In November 2006 the court began hearing the case on the merits. The court adjourned the proceedings in November 2006, January and June 2007, each time for a week, due to the applicant's or his counsel's illness.
33. On 25 June 2007 the court adjourned the proceedings for ten days as the judge was away on a study trip.
34. The hearings of 24 December 2007 and 25 January 2008 did not take place following the applicant's and his counsel's failure to appear.
35. By judgment of 11 March 2008 the applicant was convicted of fraudulent acquirement of title to property by way of obtaining of the court award of allegedly unpaid wages, and received a suspended sentence of five years' imprisonment.
36. On 2 June 2009 the applicant died.

II. Relevant domestic law and practice

A. Code of Civil Procedure of the RSFSR of 1964
in force until 1 February 2003

37. Article 437 provided that the procedure for enforcement of foreign judgments was determined by the relevant international treaties. It further stated that a judgment of a foreign court could be submitted for enforcement within three years after its adoption.

B. Code of Civil Procedure of Russia in force
as of 1 February 2003

38. Article 409 provides that judgments of foreign courts concerning civil matters are recognized and enforced in Russia pursuant to a pertinent international treaty. It further stipulates that such judgments can be submitted for enforcement within three years after their adoption.
39. Article 410 provides that a request for enforcement of a foreign judgment should be filed with a regional court or other court of equal standing at the place of the debtor's residence or location.
40. Article 411 sets out the rules of procedure applying to the requests for enforcement of foreign judgments.

C. Decision of the Supreme Court of Russia
of 7 June 2002 N 5-Г02-64

41. The court ruled that lack of a pertinent international treaty cannot be cited as grounds for refusal of a request for enforcement of a foreign judgment. It further stated that such a request can be granted in the event that the courts of the relevant foreign State recognize the judgments of the Russian courts on the basis of reciprocity. It ordered that the lower court verify whether such reciprocity existed in the case at hand and inquire into the existence of other international treaties concerning the two relevant States that might concern co-operation in the legal and judicial domain.

D. Convention on Legal Assistance in Civil, Family
and Criminal Cases of the Commonwealth of Independent
States of 1993

42. The Convention requires that that all members of the Commonwealth of Independent States, including Russia, Ukraine and Belarus grant the citizens of the other member States the national legal regime in all legal matters. Section III determines the reciprocal order of recognition and enforcement of the decisions taken by legal bodies in civil, family and criminal cases.

THE LAW

I. Locus standi

43. The Court takes no

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