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





dings governed by the Code of Civil Procedure of 2003 (see, among other authorities, Sobelin and Others, cited above, §§ 57 - 58, and Bodrov v. Russia, No. 17472/04, § 31, 12 February 2009).
25. In the present case the final judgment of 18 June 2003 was quashed on the grounds of another interpretation of substantive law, which is not in itself an exceptional circumstance warranting the quashing of a binding and enforceable judgment (see Kot v. Russia, No. 20887/03, § 29, 18 January 2007).
26. As to the quashing of the final judgment of 1 March 2001, the procedural defects that the Presidium put as a basis for the quashing cannot be considered as fundamental errors (see paragraph 11 above). Thus, these defects did not affect the defendant's procedural rights (see, by way of contrast, Protsenko v. Russia, No. 13151/04, §§ 30 - 33, 31 July 2008). Indeed, the defendant was present at the hearing on 1 March 2001, had never appealed against it and only lodged an application for supervisory review in 2004. There is no other reason to consider these procedural defects fundamental errors requiring a final judgment to be reversed.
27. Therefore, the reversals of the final judgments were not justified by exceptional and compelling reasons and are in breach of the legal certainty requirement. Accordingly, there has been a violation of Article 6 § 1 of the Convention.
28. As to the alleged violation of the applicant's procedural rights in the supervisory review proceedings, the Court considers that given the finding of a violation by the very use of supervisory review, it is unnecessary to examine this complaint (see Ryabykh v. Russia, No. 52854/99, § 59, ECHR 2003-IX).
29. The Court further observes that under the final judgments the applicant obtained title to the contested house. The judgments thus created an asset within the meaning of Article 1 of Protocol No. 1 (see Vasilopoulou v. Greece, No. 47541/99, § 22, 21 March 2002, and Malinovskiy v. Russia, No. 41302/02, § 43, ECHR 2005-VII (extracts)). The quashing of the judgments in breach of the principle of legal certainty frustrated the applicant's reliance on the binding judicial decision and deprived her of an opportunity to receive the judicial awards she had legitimately expected to receive (see Dovguchits v. Russia, No. 2999/03, § 35, 7 June 2007). There has accordingly been a violation of Article 1 of Protocol No. 1, too.

II. Other alleged violations of the Convention

30. The applicant complains under Article 6 of the Convention that she was not notified of the hearings on 30 October 2001 and 22 April 2003 and therefore did not attend them. She also complains about the length of proceedings in the first land dispute. Finally, she complains in general terms that the courts were biased in favour of the other party and delayed the proceedings.
31. The complaints about the applicant's absence from the hearings on 30 October 2001 and 22 April 2003 were raised for the first time only on 26 May 2004, which is later than the six months prescribed by the Convention for lodging a complaint before the Court.
32. As to the length of the land dispute, only the periods when the case was actually pending before the courts are taken into account (see, for example, Markin v. Russia (dec.), No. 59502/00, 16 September 2004). Consequently, the proceedings lasted not more than three years and six months (from 21 July to 30 October 2001, from 3 September to 21 November 2002, from 10 April 2003 to 14 December 2004, and from an unspecified date after 14 December 2004 to 11 April 2006) at three levels of jurisdiction. Assessing the reasonableness of the length, the Court takes into account the complexity of the case, the conduct of the applicant and of the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Frydlen



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