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Постановление Европейского суда по правам человека от 23.07.2009 «Дело Молодыка и другие (Molodyka and others) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MOLODYKA AND OTHERS v. RUSSIA
(Applications Nos. 3447/05, 15560/05 and 21613/05)

JUDGMENT <*>

(Strasbourg, 23.VII.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 Molodyka and Others 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,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 July 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in three applications (Nos. 3447/05, 15560/05 and 21613/05) 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 three Russian nationals ("the applicants"). The applicants' names and the dates of their applications to the Court appear in the appended table.
2. The Russian Government ("the Government") were initially represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. On various dates the President of the First Section decided to give notice of 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 Government objected to the joint examination of the admissibility and merits of the application No. 21613/05, but the Court rejected this objection.

THE FACTS

The circumstances of the case

5. The applicants live in the towns of Udachnuyy and Mirnyy of the Sakha (Yakutiya) Republic. Their names and dates of birth are indicated in the appended table.
6. The applicants brought court actions against the authorities, seeking to recover the monetary value of the State promissory notes for purchasing of Russian-made cars. On the dates listed in the Appendix the Mirninskiy District Court of the Sakha (Yakutiya) Republic upheld their actions and awarded each of them 138,967 Russian roubles (RUB) in compensation, payable by the Ministry of Finance. The judgments were upheld on appeal by the Supreme Court of the Sakha (Yakutiya) Republic and became final on the dates listed below. They remained unenforced.
7. On various dates the Presidium of the Supreme Court of the Sakha (Yakutiya) Republic, upon applications from the Ministry of Finance and by way of supervisory-review proceedings, quashed the first-instance and the appeal judgments in the applicants' favour, re-examined the cases and dismissed the applicants' respective actions, having found that the lower courts had incorrectly interpreted and applied the domestic law.
8. On 27 May 2007 the Ministry of Finance paid to Mrs Molodyka (case No. 3447/05) RUB 23,264.85 in compensation of a car's value.

THE LAW

I. Joinder of the applications

9. Given that the three applications at hand concern similar facts and complaints and raise identical issues under the Conventi



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