Постановление Европейского суда по правам человека от 16.09.2010 «Дело Черничкин (Chernichkin) против России» [англ.]

cuniary and non-pecuniary damages incurred through the inappropriate administration of justice, and notably the excessive length of proceedings in respect of his claim against the Savings Bank.
11. On 23 July 2001 the Basmanniy District Court of Moscow dismissed the applicant's claim. Referring to the Constitutional Court's Ruling of 25 January 2001 (see paragraph 16 below), the District Court noted that Parliament had not yet adopted a law determining jurisdiction over claims concerning State liability for the damage caused by a court's or judge's failure to adjudicate a case within a reasonable time, and dismissed the claim in the following terms:
"According to Article 1 of the RSFSR Code of Civil Procedure, the rules of civil procedure in federal courts of general jurisdiction are determined by the Russian Constitution, the Judicial System Act, the Code of Civil Procedure and other federal laws.
The law has not determined the territorial and subject-matter jurisdiction over civil claims for compensation of damages incurred in civil proceedings in cases where a dispute has not been heard on the merits as a consequence of unlawful acts (or failures to act) of a court (a judge), including the breach of a reasonable-time guarantee.
The court must dismiss the statement of claim if there are grounds listed in Article 129 (1) and (7) of the RSFSR Code of Civil Procedure, that is if the claim may not be examined in civil proceedings and if the court is not competent to examine the claim."
12. On 20 December 2001 the Moscow City Court upheld the decision to dismiss the applicant's claim, finding as follows:
"In dismissing the claim, the judge correctly stated that the law had not determined the territorial and subject-matter jurisdiction over civil claims for compensation of damages incurred in civil proceedings in cases where a dispute had not been heard on the merits as a consequence of unlawful acts (or failures to act) of a court (a judge), including the breach of a reasonable-time guarantee.
Under these circumstances, the [City Court] finds no grounds for quashing that decision. Since the judge reached the conclusion that the claim may not be examined in civil proceedings, the reference to Article 129 (7) of the RSFSR Code of Civil Procedure must be deleted [as being superfluous]".
13. On 5 May 2003 and 4 February 2004 the Moscow City Court and the Supreme Court of the Russian Federation, respectively, refused the applicant's requests for the institution of supervisory-review proceedings.

II. Relevant domestic law and practice

14. Article 1064 of the Civil Code contains general provisions on liability for the infliction of damage. It establishes that damage inflicted on the person or property of an individual shall be reimbursed in full by the person who inflicted the damage (Article 1064 § 1).
15. Article 1070 of the Civil Code determines liability for the damage caused by unlawful actions of law-enforcement authorities or courts. In particular, it is established that the federal or regional treasury shall be liable for the damage sustained by an individual in the framework of the administration of justice provided that the judge's guilt has been established in a final criminal conviction (Article 1070 § 2).
16. By Ruling No. 1-P of 25 January 2001, the Constitutional Court found that Article 1070 § 2 of the Civil Code was compatible with the Constitution in so far as it provided for special conditions on State liability for the damage caused in the framework of administration of justice. It clarified, nevertheless, that the term "administration of justice" did not cover the judicial proceedings in their entirety, but only extended to judicial acts touching upon the merits of a case. Other judicial acts - mainly of a procedural nature - fell outside the

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