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Постановление Европейского суда по правам человека от 22.12.2009 «Дело Леханова (Lekhanova) против России» [англ.]





It is also true that Article 6 commands that judicial proceedings be expeditious, but it also lays down the more general principle of the proper administration of justice (see Boddaert v. Belgium, 12 October 1992, § 39, Series A No. 235-D). However, in the circumstances of the case, the Court is not satisfied that the authorities succeeded in maintaining the fair balance between various aspects of this fundamental requirement.
46. Having regard to the above, in particular to the fact that the proceedings within the Court's competence ratione temporis lasted over seven years at two levels of jurisdiction, the Court considers that the length of the proceedings did not satisfy the "reasonable time" requirement. There has accordingly been a breach of Article 6 § 1 of the Convention.

II. Other alleged violations of the Convention

47. The applicant also complained under Article 6 of the Convention about the quashing of the judgments of 27 June and 15 August 2001 by way of supervisory review. The Court observes that the supervisory review took place on 14 October and 11 February 2002 respectively, while the above complaint was first raised before the Court in 2009. It follows that this complaint has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
48. Lastly, the applicant complained in general terms about the outcome of the court proceedings and the findings made by the court. She also contended that as a result of the proceedings she had been deprived of her "possessions" in breach of Article 1 of Protocol No. 1.
49. The Court has examined the remaining complaints as submitted by the applicant. However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

50. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

51. The applicant claimed 5,000 euros (EUR) in respect of non-pecuniary damage.
52. The Government considered that the claim was excessive and unfounded.
53. Making an assessment on an equitable basis, the Court awards the applicant EUR 3,600 in respect of non-pecuniary damage, plus any tax that may be chargeable to the applicant.

B. Costs and expenses

54. The applicant submitted a detailed list of claims totalling EUR 780 for the costs and expenses incurred before the domestic courts, consisting in the major part of lawyers' fees and the travel expenses of her representative Ms P, and before the European Court (postage, photocopying and translation).
55. The Government considered that the claim was unrelated to the proceedings before the Court.
56. 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 first observes that certain litigation costs were granted by the national court (see paragraph 21 above). Regard being had to the information in its possession and the above criteria, and in so far as related to the violation found, the Court conside



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