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



(Application No. 12157/06)


(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 Garagulya 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,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 29 April 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 12157/06) 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 Grigoriy Vasilyevich Garagulya ("the applicant"), on 19 February 2006.
2. The applicant was represented by Mr I. Sivoldayev, a lawyer practising in Voronezh. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the Court.
3. The applicant complained of the quashing on supervisory review of a binding and enforceable judgment delivered in his favour in 2002.
4. On 30 March 2009 the President of the First Section decided to communicate the case to the respondent Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).


I. The circumstances of the case

5. The applicant was born in 1925 and lives in Voronezh.
6. The facts of the case, as submitted by the applicant, may be summarised as follows.
7. The applicant sued the local branch of the Pension Fund claiming that his monthly pension had been calculated in a wrong manner.
8. On 10 September 2002 the Levoberezhny District Court of Voronezh granted his claims and ordered that the pension due to the applicant be recalculated and increased.
9. On 19 December 2002 the Voronezh Regional Court dismissed the respondent's appeal and upheld the first-instance judgment, which became final on the same day.
10. On 23 December 2005 the Supreme Court of Russia granted the respondent's application for supervisory review and transferred the case for a fresh examination on the merits to the Presidium of the Voronezh Regional Court.
11. On 1 February 2006 the Presidium of the Voronezh Regional Court quashed the judgments of 10 September and 19 December 2002 and delivered a new judgment dismissing the applicant's claims in full.
12. As from February 2006, the amount of the applicant's monthly pension has been decreased by 10,000 Russian roubles (RUB).

II. Relevant domestic law

13. The relevant domestic law governing the supervisory-review procedure at the material time is summed up in the Court's judgment in the case of Sobelin and Others v. Russia (Nos. 30672/03 et al., §§ 33 - 42, 3 May 2007).


I. Alleged violation of Article 6 and Article 1
of Protocol No. 1

14. The applicant compl

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