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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Сизинцева и другие (Sizintseva and others) против России» [англ.]





sums in this respect, where they were requested (see Kondrashov and Others v. Russia, Nos. 2068/03 et al., § 42, 8 January 2009). Taking into account that in none of the cases the Government had submitted any alternative method of calculation of the applicants' pecuniary losses, the Court will determine the compensation on the basis of the method suggested by the applicants. However, as regards the applicants' claims in respect of their future pecuniary loss, the Court recalls that after the final judgments were quashed they ceased to exist under domestic law; it cannot restore the power of these judgments. Therefore, the Court only grants the applicants' claims in respect of the interest in so far as they are made in respect of the periods preceding the quashing.
58. Making its estimate on the basis of information at its disposal, the Court accordingly awards the following amounts, plus any tax that may be chargeable:
EUR 3,804 to N. Sizintseva;
EUR 3,398 to S. Titov;
EUR 3,007 to R. Gladkova;
EUR 3,328 to V. Plotnikova;
EUR 3,354 to I. Plotnikova.
These amounts include the initial award and the compensation for loss of value of the domestic court awards for the periods preceding the quashing. The Court dismisses the remainder of the applicants' claims under this head.

2. Non-pecuniary damage

59. Mrs Sizintseva claimed RUB 100,000, Mr Titov EUR 5,000, Mrs Gladkova EUR 10,000, Mrs V. Plotnikova EUR 25,000 and Mrs I. Plotnikova RUB 150,000 in respect of non-pecuniary damage.
60. The Government challenged the claims as unsubstantiated and excessive. In case of Irina Plotnikova they suggested that, should the Court make any award under this head, the latter should not exceed EUR 2,000 (see Senchenko and Others and 35 other "Yakut pensioners" cases v. Russia, Nos. 32865/06 et seq., § 15, 28 May 2009).
61. Having regard to the nature of the breach in this case, making its assessment on an equitable basis, the Court awards to each applicant the sum of EUR 3,000 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

1. Case of Mrs Sizintseva

62. The applicant claimed reimbursement of the lawyer's fee in the amount of RUB 5,500 plus seven per cent of the eventual Court award. She submitted copies of the contract with the lawyer and a receipt confirming payment of RUB 3,000. She further claimed RUB 339,35 of postal expenses and submitted that she had paid RUB 300 to a local audit agency for the calculation of the pecuniary loss in her case.
63. The Government contested the claims as excessive and unfounded.
64. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. The Court accordingly rejects the claim related to the Court's eventual award. At the same time, regard being had to the information in its possession and the above criteria, the Court allows the remainder of her claim and considers it reasonable to award Mrs Sizintseva the sum of EUR 99 (ninety-nine euros) for the proceedings before the Court, plus any tax that may be chargeable on that amount.

2. Four remaining cases

65. The applicants in the remaining four cases did not claim costs or expenses and there is accordingly no call to make an award under this head.

C. Default interest

66. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNAN



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