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Постановление Европейского суда по правам человека от 23.07.2009 «Дело Марковцы и Селиванов (Markovtsi and Selivanov) против России» [англ.]





y way of supervisory-review proceedings, quashed the judgments in the applicants' favour, re-examined the cases and dismissed the applicants' actions, having found that the lower courts had incorrectly interpreted and applied the domestic law.
11. The first applicant submitted that he had not been timeously notified of the session of the Presidium of the Supreme Court of the Republic of Sakha (Yakutiya) and therefore could not attend it. He received a copy of the judgment several months after the hearing at the Presidium.
12. On 26 November 2004 the first applicant received 49,259.70 Russian roubles (RUB) of compensation in respect of a part of the promissory note value.

II. Relevant domestic law

13. Under section 9 of the Federal Law on Enforcement Proceedings of 21 July 1997, a bailiff must enforce a judgment within two months. Under section 242.2.6 of the Budget Code of 31 July 1998, the Ministry of Finance must enforce a judgment within three months.

THE LAW

I. Joinder of the applications

14. Given that the two applications at hand concern similar facts and complaints and raise identical issues under the Convention, the Court decides to consider them in a single judgment.

II. Alleged violation of Article 6 of the Convention
and Article 1 of Protocol No. 1 on account
of supervisory review

15. The applicants complained, notably, under Article 6 of the Convention and Article 1 of Protocol No. 1 about the supervisory review of the judgments. The first applicant complained under Article 6 that he was deprived of his right to effectively participate at the supervisory review hearing. These Articles, insofar as relevant, provide 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 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..."
16. The Government argued that the supervisory review had not breached the principle of legal certainty: it had been preceded by an ordinary appeal, only one supervisory-review instance had been engaged, the request for the quashing had been lodged within six months, it had been initiated by a party to the proceedings and it had been meant to correct a misapplication of material law. The applicants' rights under Article 1 of Protocol No. 1 had not been prejudiced: the first applicant had received compensation for the car before the litigation, while the second applicant had failed to apply for redemption of the promissory notes.
17. The first applicant argued in reply that the supervisory review had deprived him of the final award in his favour and had been unfair. The only ground for quashing was the alleged misapplication of the domestic law by the lower courts. The compensation he received had been smaller than the initial award. The second applicant maintained his claims.

A. Admissibility

18. The Court notes that the 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

1. Article 6 of the Convention

(a) Supervisory review procedure: legal certainty
19. The Court reiterates that the quashing by way of supervisory review of a judicial decision which has become final and binding may render the litigant's right to a court illuso



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