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Постановление Европейского суда по правам человека от 29.01.2009 «Дело Ленская (Lenskaya) против России» [англ.]





ed or corrected by any other means, save by the quashing of the judgments of 15 July and 12 September 2002. In such circumstances, the Presidium could not utterly disregard the plight of the innocent victim of the unjust conviction. The quashing of the final judgment was a means of indemnifying the convicted person for mistakes in the administration of the criminal law.
41. The Court is satisfied that the Presidium reopened the proceedings for the purpose of correcting a fundamental judicial error. The considerations of "legal certainty" should not discourage the State from correcting particularly egregious errors committed in the administration of justice and thus, in the circumstances of the present case, should not prevent the Presidium of the Tomsk Regional Court from reviewing the final judgment which was grossly prejudicial to the convicted person, that is the applicant's former husband.
42. Having established that the interests of justice required the reopening of the proceedings and the quashing of the judgment of 15 July 2002, as amended on 12 September 2002, the Court has now to consider whether the procedural guarantees of Article 6 of the Convention were available in those supervisory review proceedings.
43. The Court finds that there is nothing to indicate that the Presidium's evaluation of the facts and evidence presented in the case was contrary to Article 6 of the Convention. The Court observes that the applicant was provided with ample opportunities to present her arguments and to challenge the submissions of the adversary in the proceedings. She submitted detailed written arguments in reply to the supervisory review application. Furthermore, she and her representative attended the supervisory review hearing and made oral submissions. The Court considers that the Presidium gave the applicant's arguments due consideration. In the light of the foregoing consideration, the Court finds that the reasons on which the Presidium based its conclusions are sufficient to exclude any doubt that the way in which it established and assessed the evidence in the applicant's case was unfair or arbitrary. Therefore the Court considers that the proceedings before the Presidium of the Tomsk Regional Court afforded the applicant all the procedural safeguards of Article 6 § 1 of the Convention.
44. Having regard to the foregoing, the Court is of the opinion that in the circumstances of this particular case the Presidium rightfully balanced the competing interests of finality and justice. The Court finds that the quashing of the judgment of 15 July 2002, as amended on 12 September 2002, by the Presidium of the Tomsk Regional Court did not deprive the applicant of the "right to a court" under Article 6 § 1 of the Convention. There has been accordingly no violation of that Article.

2. Article 1 of Protocol No. 1

(a) General principles
45. The Court reiterates that the existence of a debt confirmed by a binding and enforceable judgment furnishes the judgment beneficiary with a "legitimate expectation" that the debt would be paid, and constitutes the beneficiary's "possessions" within the meaning of Article 1 of Protocol No. 1. Quashing such a judgment amounts to an interference with his or her right to peaceful enjoyment of possessions (see, among other authorities, {Brumarescu} v. Romania, cited above, § 74, ECHR, and Androsov v. Russia, No. 63973/00, § 69, 6 October 2005). An interference with the peaceful enjoyment of possessions must strike a fair balance between the demands of the general interests of the community and the requirements of the protection of the individual's fundamental rights (see, among other authorities, Sporrong and {Lonnroth} v. Sweden, judgment of 23 September 1982, Series A No. 52, p. 26, § 69). In particular, there must be a reasonable relationship of proportionality between the means emp



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