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Постановление Европейского суда по правам человека от 12.05.2010 «Дело Гуляев (Gulyayev) против России» [англ.]



(Application No. 20023/07)


(Strasbourg, 12.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 Gulyayev 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,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 22 April 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 20023/07) 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 Vasiliy Fedorovich Gulyayev ("the applicant"), on 5 March 2007.
2. The applicant was represented by Mr A.N. Golovachev, a lawyer practising in Kursk. The Russian Government ("the Government") were represented by Mr G. Matyushkin, representative of the Russian Federation before the European Court of Human Rights.
3. On 17 November 2008 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 § 3).


I. The circumstances of the case

4. The applicant was born in 1928 and lives in Kursk.
5. On 4 November 1992 the Presidium of the Kursk Regional Council of People's Deputies issued the applicant with a certificate showing that he had participated in mine cleaning in the Kursk Region in 1943 - 1948.
6. On 8 December 2000 the Kursk Social Security Office upon applicant's request exchanged the above certificate for a certificate of a war veteran. The new document made the applicant eligible for an increased pension.
7. In March 2005 the Kursk Social Security Office asked the Kursk Military Commission to remove the applicant's status as a war veteran on the ground that the police had established forgery of the war-time document, in which the applicant's name was mentioned. In May 2005 the Social Security Office stopped paying the increased pension to the applicant and decided to withhold the amount which it had overpaid in the preceding period.
8. The applicant challenged the discontinuation of payments as unlawful. The Social Security Office counterclaimed, seeking a court order for annulment of the veteran certificate. The Military Commission joined the proceedings as a co-defendant.
9. On 20 April 2006 the Leninskiy District Court of Kursk found for the applicant. It determined that the allegedly forged document had not been the basis for granting the applicant the veteran status and could not be invoked as a ground for annulment of the certificate. The discontinuation of payments had been therefore unlawful.
10. Neither the Social Security Office nor the Military Commission filed an ordinary appeal and the judgment became final and enforceable.
11. In September 2006 the Military Commission lodged an application for supervisory review of the judgment of

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