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Постановление Европейского суда по правам человека от 07.10.2010 «Дело Утюжникова (Utyuzhnikova) против России» [англ.]



(Application No. 25957/03)


(Strasbourg, 7.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 Utyuzhnikova v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 16 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 25957/03) 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, Ms Irina Utyuzhnikova ("the applicant"), on 30 June 2003.
2. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 9 March 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1).


I. The circumstances of the case

4. The applicant was born in 1968 and lives in Irkutsk.
5. In 1989 the applicant's husband received a fatal work-related injury. In 1990 the applicant was granted compensation by her husband's former employer, a private company ("the company").
6. On 10 March 1997 the applicant brought court proceedings against the company, following numerous re-calculations of the amount to be paid and regular failures of the company to effectuate the payments. In particular, she sought compensation of pecuniary and non-pecuniary damage, penalties for the belated payments and indexation of such payments and re-calculation of monthly payments with subsequent indexation.
7. On 11 February 1998 the Oktyabrskiy District Court of Irkutsk ("the District Court") granted the applicant's claims in part. The judgment was set aside on appeal on 26 June 1998 by the Irkutsk Regional Court ("the Regional Court") which required a new hearing of the case. The appeal court also issued a special statement reprimanding the judge in charge of the applicant's case for erroneous application of the law that resulted in the quashing of the judgment and delays in the proceedings.
8. Once back at the trial court, the case was assigned to judge V., and on 7 December 1998 it was transferred for unspecified reasons to judge T.
9. On 16 December 1998 the hearing did not take place as the respondent failed to appear.
10. On 24 March 1999 the hearing again did not take place due to the judge's illness.
11. On 13 August 1999 the respondent's representative requested to adjourn the proceedings as he was ill. The proceedings were adjourned to 18 October 1999 with account of the judge's vacation. The parties were requested to provide some additional evidence.
12. On 18 October 1999 the proceedings again were adjourned at

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