Постановление Европейского суда по правам человека от 01.04.2010 «Дело Панасенко (Panasenko) против России» [англ.]

11. On 14 October 2004 the Presidium reviewed the lower courts' judgments by way of the supervisory review proceedings and established, in particular, that the lower courts had failed to take into account the provisions of the amended State Commodity Bonds' Act and the Government's Resolution No. 1006. The Presidium ruled as follows:
"Having regard to the substantive violation of the material law, the judicial decisions taken in the case under consideration cannot be held lawful and well-founded and should be quashed [...]."
12. The Presidium annulled the judgment of 1 April 2003 and the appeal decision of 30 April 2003 and delivered a new judgment in which it dismissed the applicant's claim in full.

II. Relevant domestic law

A. Review of the compliance of the federal laws
with the Constitution

13. According to Article 15 § 1 of the Constitution of the Russian Federation, the Constitution has the supreme juridical force, direct action and shall be used on the whole territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation shall not contradict the Constitution.
14. In accordance with Article 125 § 4 of the Constitution, the Constitutional Court of the Russian Federation reviews constitutionality of the law applied or due to be applied in a specific case in accordance with procedures established by federal law, upon requests of the courts.
15. By the Ruling No. 19-П of 17 June 1998 the Constitutional Court of the Russian Federation held that it had exclusive competence to decide whether federal or regional laws violated the Constitution of the Russian Federation. Ordinary courts were not entitled to rule on the constitutionality of federal laws. In case of doubt as to whether a law complied with the Constitution, they should direct an inquiry to the Constitutional Court.

B. Redemption of the State commodity bonds

16. The State Commodity Bonds Act (federal law No. 86-FZ of 1 June 1995) provided that the State commodity bonds, including special-purpose settlement orders, were to be recognised as the State internal debt (section 1). They were to be enforced in accordance with the general principles of the Civil Code (section 2). The relevant parts of section 3 read as follows:
"The Government of the Russian Federation shall draft the State Programme for the redemption of the State internal debt... The Programme shall provide for the terms of redemption of State commodity bonds that would be convenient for citizens, including, of their choice: provision of goods indicated in... special-purpose bonds for the purchase of passenger cars...; redemption of State commodity bonds at consumer prices prevailing at the moment of the redemption..."
17. On 2 June 2000, section 3 of the Act was amended to read, in the relevant parts, as follows:
"To establish that the repayment of the State internal debt of the Russian Federation under State commodity bonds... is carried out in 2001 - 2004 in accordance with the State Programme...
To set, in the above-mentioned Programme, the following sequence and terms of redemption of State commodity bonds:
- [...] in respect of bearers of special-purpose settlement orders that gave the right to purchase passenger cars in 1993 - 1995 - payment of monetary compensation equal to a part of the value of the car described in the order, as determined on account of the percentage of the part of the full value of car paid by the owner by 1 January 1992 (in accordance with the price scales in force until 1 January 1992), as well as the price of the cars determined in co-ordination with car manufacturers at the moment of redemption"
18. On 27 December 2000 the Government approved, by Resolution No. 1006, the State Programme for the redemption of th

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