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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Зайцева (Zaytseva) против Российской Федерации" [рус., англ.]





ten submissions. The Government concluded, accordingly, that the fact that the appeal hearing in the instant case had been held in the absence of the applicant and her representative, who had been duly notified of its date and time, did not disclose a violation of Article 6 § 1 of the Convention.
20. The applicant maintained her claims.
21. The Court accepts the Government's assertion that the summons had been dispatched by the domestic judicial authorities. However, the Government did not present any evidence, such as an acknowledgement of receipt or an envelope with a postmark, showing that it had reached the applicant or her representative, and that it had done so in good time. Having regard to the provisions of Russian law on the service of court summons (see "Relevant domestic law" above), the Court considers that the Government should have been in possession of such evidence. The failure on the Government's part to submit it without a satisfactory explanation gives rise to the drawing of inferences as to the ill-foundedness of their allegations. In such circumstances, the Court accepts the applicant's argument that the domestic authorities had failed to notify the applicant of the appeal hearing in such a way as to provide her with an opportunity to attend it and present her case effectively.
22. The Court reiterates that it has frequently found a violation of Article 6 § 1 of the Convention in cases raising issues similar to the one in the present case (see, among other authorities, Yakovlev v. Russia, No. 72701/01, §§ 19 et seq., 15 March 2005; Groshev v. Russia, No. 69889/01, §§ 27 et seq., 20 October 2005; Mokrushina v. Russia, No. 23377/02, §§ 20 et seq., 5 October 2006; and Prokopenko v. Russia, No. 8630/03, §§ 17 et seq., 3 May 2007).
23. Having examined the materials in its possession, the Court notes that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. The Court has established that owing to the missing notification the applicant was deprived of the opportunity to attend the appeal hearing. The Court also notes that there is nothing in the text of the appeal judgment to suggest that the Regional Court examined the question whether the applicant or her representative had been duly summonsed and, if they had not, whether the examination of the appeal should have been adjourned.
24. It follows that there has been a violation of the applicant's right to a fair hearing enshrined in Article 6 § 1 of the Convention.

II. Other alleged violations of the Convention

25. Lastly, the applicant complained under Article 1 of Protocol No. 1 of a violation of her right to disability benefits. She further complained under Articles 6 and 14 of the Convention that she had been placed at a disadvantage, because she had been obliged to obtain a decision by the Medical and Labour Expert Examination Service of the Arkhangelsk Region in order to prove her entitlement to disability benefits, while the Health Department had not been obliged to reverse this decision in order to dispute her entitlement.
26. Having regard to all the material in its possession, and in so far as these complaints fall within its competence ratione materiae, 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 must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention

III. Application of Article 41 of the Convention

27. 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 part



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