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Постановление Европейского суда по правам человека от 20.05.2010 «Дело Ларин (Larin) против России» [англ.]



(Application No. 15034/02)


(Strasbourg, 20.V.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 Larin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, 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 29 April 2010,
Delivers the following judgment, which was adopted on the last-mentioned date:


1. The case originated in an application (No. 15034/02) 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 Vitaliy Nikolayevich Larin ("the applicant"), on 11 February 2002.
2. The applicant, who was granted legal aid, was represented by Ms O. Mikhailova, a lawyer practising in Moscow. The Russian Government ("the Government") were initially represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their former Representative, Mrs V. Milinchuk.
3. The applicant alleged, in particular, that the proceedings before the Gusevskiy Town Court and the Kaliningrad Regional Court had been held in his absence, that he had not been provided with free legal assistance and had been unable to present his arguments, examine witnesses or put questions to the plaintiff.
4. By a decision of 8 November 2007, the Court declared the application admissible.
5. The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine). The Government, but not the applicant, filed further written observations (Rule 59 § 1).


I. The circumstances of the case

6. The applicant was born in 1971 and lives in Slavyanovka village, Kaliningrad region.
7. On 6 April 2001 the Gusevskiy Town Court of the Kaliningrad Region convicted the applicant of theft, robbery and forgery and sentenced him to seven years and six months' imprisonment. This judgment was upheld by the Kaliningrad Regional Court on 5 June 2001. The courts found, inter alia, that the applicant had paid for a car, purchased from Mr O., with counterfeit United States dollars. The court further indicated that Mr O. might bring civil proceedings against the applicant.
8. In June 2001 Mr O. lodged a civil claim against the applicant, seeking to recover his car from the applicant. It was received by the Gusevskiy Town Court on 19 June 2001.
9. On 20 June 2001 Judge G. of the Gusevskiy Town Court forwarded a copy of the statement of claim to the administration of the detention centre where the applicant was being detained (remand prison IZ-39/1). In a cover letter, the judge instructed the administration to hand the statement of claim to the applicant and obtain his written observations in reply by 11 July 2001.
10. According to the Government, on 21 June 2001 the applicant was transferred to correctional colony OM-216/13 where he was to serve his sentence. That

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