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Постановление Европейского суда по правам человека от 17.12.2009 «Дело Крайнова и Крайнов и 9 других дел "Якутских пенсионеров" (Kraynova and Kraynov and 9 other "Yakut pensioners") против России» [англ.]



(Applications Nos. 7306/07, 8555/07, 11905/07,
11908/07, 11912/07, 14314/07, 14316/07, 14322/07,
14323/07 and 14326/07)


(Strasbourg, 17.XII.2009)

<*> 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 Kraynova and Kraynov and 9 other "Yakut pensioners" cases v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 26 November 2009,
Delivers the following judgment, which was adopted on the last-mentioned date:


1. The case originated in ten applications (Nos. 7306/07, 8555/07, 11905/07, 11908/07, 11912/07, 14314/07, 14316/07, 14322/07, 14323/07 and 14326/07) 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 24 Russian nationals, whose names and dates of birth are tabulated in the Annex ("the applicants"). The applications' dates of introduction are also tabulated in the Annex.
2. The applicants were represented by Mr I. Novikov, a lawyer practising in Novosibirsk. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. The President of the First Section decided to communicate the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).


4. The applicants are pensioners. They sued a pension authority for miscalculating their pensions. The Neryungri Town Court of Yakutia held for the applicants. The Supreme Court of Yakutia upheld those judgments on appeal and they became binding. Later, on the pension authority's request, the Presidium of the Supreme Court of Yakutia quashed the judgments on supervisory review because it considered that the courts below had misinterpreted material law. The dates of the court decisions are tabulated in the Annex.


I. Joinder of the applications

5. As the applications are similar in terms of both fact and law, the Court decides to join them.

II. Alleged violation of Article 6 of the Convention
and Article 1 of Protocol No. 1

6. The applicants complained under Articles 6 and 13 of the Convention, and Article 1 of Protocol No. 1 about the quashing of their judgments. The Court considers it appropriate to examine this complaint under Article 6 of the Convention and Article 1 of Protocol No. 1 only. Insofar as relevant, these Articles read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possession

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