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Постановление Европейского суда по правам человека от 12.02.2009 «Дело Бодров (Bodrov) против России» [англ.]



(Application No. 17472/04)


(Strasbourg, 12.II.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 Bodrov 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,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 22 January 2009,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 17472/04) 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 a Russian national, Mr Guriy Nikolayevich Bodrov ("the applicant"), on 6 April 2004.
2. The Russian Government ("the Government") were represented by Mrs V. Milinchuk, their former Representative at the European Court of Human Rights.
3. On 16 November 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).


I. The circumstances of the case

4. The applicant was born in 1934 and lives in Vologda, the Vologda Region.

A. The first round of the pension proceedings

5. The applicant is a former military officer. He brought a claim against the Vologda Regional Military Service Commissariat ("the Commissariat"), seeking recalculation of his pension on account of increase of daily allowances due to servicemen of the military units belonging to the nuclear weapons complex of the Russian Federation.
6. On 12 May 2003 the Vologda Town Court of the Vologda Region granted his claim and held that the Commissariat should increase his pension on account of an increase of the official salary rate with the multiplier of 1.5 as from 1 January 2001, and also pay him the arrears for the period from 1 January 2001 to 30 April 2003.
7. The Commissariat did not file an ordinary appeal and the judgment became binding and enforceable ten days later.
8. While the judgment was in force the Commissariat paid to the applicant 39,171.16 Russian roubles (RUB) in respect of increased pension and arrears for the period from 1 January 2001 to 30 September 2003.
9. On 22 October 2003 the Commissariat filed an application for supervisory review of the judgment of 12 May 2003 referring to the lack of grounds in domestic law for increasing the applicant's pension.
10. On 19 November 2003 a judge of the Vologda Regional Court ordered the case to be sent for examination by the Presidium of the Vologda Regional Court.
11. On 8 December 2003 the Presidium of the Vologda Regional Court quashed the judgment of 12 May 2003 and rejected the applicant's initial claim on the ground that the Town Court's findings had been premised on an incorrect application of substantive law. In particular, the Presidium found that the Town Court had examined all the relevant circumstances of t

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