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Постановление Европейского суда по правам человека от 17.09.2009 «Дело Бородкин (Borodkin) против России» [англ.]





legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law."
13. The Government argued that the supervisory review of the judgment had not breached the Convention. It had been initiated by a party to the proceedings within less than one year from the judgment's entry into force. The quashing had been justified because the judgment had been based on a misapplication of law and hence had contained a fundamental defect. Annulment of the binding judgment had been legitimate in a democratic society. Civil procedure of other countries, for example Germany, had also allowed for the annulment of final judgments. Besides, the Council of Europe had been satisfied with reforms of the supervisory-review procedure in Russia. Furthermore, the Presidium had found that the applicant's claim had been unfounded and therefore he had not had a "possession" within the meaning of Article 1 of Protocol No. 1. In February 2003 the applicant received compensation from the Ministry of Finance in the amount established by the domestic law.
14. The applicant maintained his claim arguing that he had been entitled to obtain the full monetary value of the car, but had never received that sum.

A. Admissibility

15. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

16. The Court reiterates that the existence of a debt confirmed by a binding and enforceable judgment constitutes the beneficiary's "possession" within the meaning of Article 1 of Protocol No. 1. Quashing of such a judgment amounts to an interference with his or her right to peaceful enjoyment of possessions (see, among other authorities, {Brumarescu} v. Romania [GC], No. 28342/95, § 74, ECHR 1999-VII, and Androsov v. Russia, No. 63973/00, § 69, 6 October 2005).
17. The Court observes that the applicant obtained a binding and enforceable judgment in his favour, by the terms of which the State was to pay him a substantial amount of money at the expense of the Federal Treasury. He was prevented from receiving the award through no fault of his own. The quashing of the enforceable judgment frustrated the applicant's reliance on a binding judicial decision and deprived him of an opportunity to receive the money he had legitimately expected to receive. In these circumstances, even assuming that the interference was lawful and pursued a legitimate aim, the Court considers that the quashing of the enforceable judgment in the applicant's favour by way of supervisory review placed an excessive burden on the applicant and was incompatible with Article 1 of the Protocol No. 1.
18. There has therefore been a violation of that Article.

II. Other alleged violations of the Convention

19. The applicant complained under Articles 13 and 17 of the Convention that he had no effective remedy against the quashing of his final judgment on supervisory review and under Article 1 of Protocol No. 1 about the State's failure to comply with its obligation to provide a car.
20. The Court has examined these complaints as submitted by the applicant. However, having regard to all the material in its possession, it finds that these complaints 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



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