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Постановление Европейского суда по правам человека от 26.05.2009 "Дело "Бацанина (Batsanina) против Российской Федерации" [рус., англ.]





y interfered with her possessions. Lastly, she alleged under Article 34 of the Convention that the resumption of the criminal proceedings against her was aimed at intimidating her.
38. The Court has examined the remainder of the applicant's complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, 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 should be declared inadmissible pursuant to Article 35 §§ 3 and 4 of the Convention.

IV. Application of Article 41 of the Convention

39. 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 partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

40. The applicant claimed reimbursement of the market value of the flat in dispute in the domestic proceedings, namely 72,653 euros (EUR). She also claimed EUR 25,000 in respect of non-pecuniary damage.
41. The Government submitted that the applicant's pecuniary claim had no connection to the complaints made by her in the present case under Article 6 § 1 of the Convention. They considered that the claim in respect of non-pecuniary damage was excessive.
42. The Court has found a violation of Article 6 § 1 of the Convention in relation to the appeal proceedings in the civil case against the applicant. Having examined the materials in its possession, the Court considers that it has not been established that the pecuniary claim had a sufficient link to the violations found or was properly substantiated; the Court therefore rejects it. At the same time, having regard to the nature of the violation found and making its assessment on an equitable basis, the Court awards the applicant EUR 1,000 in respect of non-pecuniary damage, plus any tax that may be chargeable.

B. Costs and expenses

43. The applicant claimed EUR 30 in respect of costs and expenses incurred in the domestic proceedings.
44. The Government considered that the above claim was reasonable and substantiated.
45. Regard being had to the information in its possession, the Court grants the applicant's claim.

C. Default interest

46. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT

1. Declares unanimously the complaints concerning the observance of the principle of equality of arms in civil proceedings and the domestic authorities' failure to inform the applicant of the appeal hearing admissible and the remainder of the application inadmissible;
2. Holds by six votes to one that there has been no violation of Article 6 § 1 of the Convention on account of the alleged non-observance of the principle of the equality of arms;
3. Holds unanimously that there has been a violation of Article 6 § 1 of the Convention on account of the domestic authorities' failure to inform the applicant of the appeal hearing;
4. Holds unanimously
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 1,000 (one thousand euros), plus any tax that may be chargeable to the applicant, in respect of non-pecuniary damage, and EUR 30 (thirty euros) in respect of costs and expenses,



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