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Постановление Европейского суда по правам человека от 23.09.2010 «Дело Васильченко (Vasilchenko) против России» [англ.]



(Application No. 34784/02)


(Strasbourg, 23.IX.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 Vasilchenko 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,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 34784/02) 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 Ivanovich Vasilchenko ("the applicant"), on 6 September 2002.
2. The Russian Government ("the Government") were initially represented by Mr P. Laptev, Representative of the Russian Federation at the European Court of Human Rights, and then by their Representative Ms V. Milinchuk.
3. On 14 November 2006 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 1959 and lives in Rostov-on-Don.

A. Court proceedings concerning reinstatement

5. The applicant is a Russian Army colonel.
6. In September 1998 he was removed from his post.
7. On 2 October 1998 the applicant brought proceedings against his commanding officer claiming reinstatement, payment of salary and service-related benefits, and compensation of non-pecuniary damage sustained as a result of his removal.
8. On 26 October 1998 the Military Court of Rostov Garrison ("the Garrison Court") dismissed his claims; the judgment was upheld on appeal.
9. In January 1999 a military disciplinary commission issued an appraisal report in respect of the applicant. The commission found that the applicant's performance was unsatisfactory. On this basis in March 1999 he was transferred from active military service to the reserve.
10. On 20 April 1999 the applicant challenged the transfer in court, but to no avail. On 10 November 1999 the Garrison Court dismissed his claim; the judgment was upheld on appeal.
11. On 27 April 2001 president of the Military Chamber of the Supreme Court of Russia granted the applicant's application for supervisory review and brought an extraordinary appeal against the above court decisions.
12. On 22 May 2001 the Military Chamber of the Supreme Court quashed the impugned decisions and remitted the cases for fresh examination.
13. On an unspecified date the Garrison Court joined the above cases.

B. Judgments ordering reinstatement and payment of damages

14. On 21 January 2002 the Garrison Court granted the applicant's claims in part. It quashed the respective decisions of the applicant's superior officers and

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