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Постановление Европейского суда по правам человека от 01.04.2010 «Дело Денисова и Моисеева (Denisova and Moiseyeva) против России» [англ.]





the computer. On 16 November 1998 the computer was physically removed from the applicants' flat and placed in the material evidence room of the Federal Security Service.
12. On 29 March 1999 the second applicant asked the investigator to return the computer, which was her personal property. On 12 April 1999 the investigator replied that the computer had been seized with a view to securing possible forfeiture of Mr Moiseyev's property and that certain files edited by Mr Moiseyev had been discovered on the hard disc. The second applicant was informed that, if necessary, her text files would be copied and handed over to her.
13. On 8 June 1999 the investigator ordered attachment of the seized 5,747 US dollars as a material exhibit. On 15 June 1999 the Finance and Planning Department of the "USSR State Security Committee" <*> issued a receipt for the money.
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<*> According to the heading of the document. The State Security Committee ("KGB") is the predecessor of the Federal Security Service.

14. On 14 August 2001 the Moscow City Court convicted Mr Moiseyev of high treason committed between 1992 and 1998, sentenced him to four years and six months' imprisonment and issued a confiscation order in respect of his property. The parts of the judgments relevant to the determination of the property matters read as follows:
"Mr Moiseyev's pre-trial deposition that he had received remuneration for information transmitted to a representative of a foreign state has been confirmed by the search records, noting the discovery of US dollars both in his office and at his place of residence. The witness B. confirmed that the search had uncovered 4,647 US dollars sorted into non-standard envelopes.
Both Mr Moiseyev and his wife Ms Denisova who was interviewed as an additional witness at trial, had been present during the search but raised no objections. Accordingly, the court considers that the decision attaching the 1,100 US dollars seized in Mr Moiseyev's office, the 4,647 US dollars, and seven envelopes as material exhibits was justified...
Having regard to the public dangerousness of the committed crime, the court orders confiscation of Mr Moiseyev's property. The court decides on the destiny of the material exhibits in accordance with Article 86 of the RSFSR Code of Criminal Procedure...
A confiscation order is issued in respect of the property that has been seized: [the VAZ car, foreign currency and Russian rouble bank accounts, garage No. 178, and the computer], as well as the cash funds of 5,747 US dollars which have been criminally acquired."
15. On 3 January 2002 the first applicant asked the Supreme Court to order the return of her spousal property and to remove the garage from the list because it was rented rather than owned. She did not receive a response to her request.
16. On 9 January 2002 the Supreme Court upheld the conviction.

B. Enforcement of the confiscation order

17. On 4 March 2002 the Moscow City Court sent an excerpt from the judgment of 14 August 2001 to the FSB's Finance and Economic Department for enforcement of the confiscation order in respect of the cash funds. The covering letter read as follows:
"Confiscation order to be executed in respect of Mr Moiseyev's cash funds in the amount of [unreadable] US dollars as having been criminally acquired and stored at the Department [according to] receipt No. 1013 of 15 June 1999."
18. On 18 March 2002 the Moscow City Court issued five writs of execution for enforcement of the confiscation order in respect of Mr Moiseyev's property at his place of residence, the VAZ car, the garage, the bank accounts and the computer.
19. On 27 March 2002 the cash funds in the amount of 5,747 US dollars were received by the Vnesh



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