Постановление Европейского суда по правам человека от 18.02.2010 «Дело Грибаненков (Gribanenkov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF GRIBANENKOV v. RUSSIA
(Application No. 16583/04)

JUDGMENT <*>

(Strasbourg, 18.II.2010)

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<*> 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 Gribanenkov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> 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 28 January 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 16583/04) 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 Sergey Vasilyevich Gribanenkov ("the applicant"), on 5 April 2004.
2. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. On 28 November 2005 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).

THE FACTS

I. The circumstances of the case

4. The applicant, Mr Sergey Vasilyevich Gribanenkov, is a Russian national who was born in 1949 and lives in the Leningrad Region. The facts of the case, as submitted by the applicant, may be summarised as follows.
5. In 1986 and 1987 the applicant took part in the clean-up operation at the Chernobyl nuclear disaster site. He was subsequently granted disability status and became entitled to various social benefits. The present case concerns disputes over these benefits.

A. First set of proceedings

6. On 3 December 2000 the applicant brought a civil action against the authorities seeking an increase in the monthly disability allowance he was entitled to receive.
7. On 17 April 2001 the Moskovskiy District Court of St. Petersburg ruled that it lacked jurisdiction to consider the claim and remitted the case to the Sosnoviy Bor Town Court. After receiving the applicant's case file on 6 June 2001, the President of the Sosnoviy Bor Town Court applied, without success, for supervisory review of the decision of 17 April 2001. Eventually the case was remitted to the Sosnoviy Bor Town Court for consideration on the merits.
8. On 7 August 2002 the Sosnoviy Bor Town Court informed the applicant that his case could not be heard before 17 October 2002 because there were a large number of cases pending and the judge was on leave.
9. On 17 October 2002 the hearing was adjourned until 19 December 2002.
10. On 23 December 2002 the Sosnoviy Bor Town Court granted the applicant's claim in part.
11. On 29 January 2003 the Leningradskiy Regional Court quashed the judgment on appeal and remitted the matter for fresh consideration.
12. The hearing of the case was then adjourned on 1 and 10 April, 24 September and 16 and 28 October 2003.
13. On 28 Novem

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