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Постановление Европейского суда по правам человека от 15.01.2009 "Дело "Менчинская (Menchinskaya) против Российской Федерации" [рус., англ.]





civil proceedings are plaintiff and defendant, who have equal rights, including the right to legal aid. Support by the Prosecutor's Office of one of the parties may undoubtedly be justified in certain circumstances, for example the protection of rights of vulnerable groups - children, disabled people and so on - who are assumed unable to protect their interests themselves, or where numerous citizens are affected by the wrongdoing concerned, or where State interests need to be protected.
36. The applicant's adversary in the proceedings in question was the State body which itself lodged an appeal against the first-instance court's judgment, complaining that domestic law had been wrongfully applied. As the Government underlined, the prosecutor in his protest raised the same issues of interpretation of domestic legislation as the Employment Centre did. In fact, no well-founded, recognisable aim or public interest has been specified by the Government for the prosecutor's interference.
37. The Court considers that while the Norilsk Town Prosecutor had legal grounds under the domestic legislation to join the proceedings, the instant case did not present any special circumstances justifying his intervention.
38. The Court sees no reason to speculate on what effect such intervention may have had on the course of the proceedings; however it finds that the mere repeating by the prosecutor of the Employment Centre's arguments on points of law, unless it aimed at influencing the court, appeared meaningless. In this respect the Court also refers to the Parliamentary Assembly's Resolution 1604 (2003) on the role of the public prosecutor's office in a democratic society governed by the rule of law (see paragraph 19 above), which provides that none of the roles of prosecutors should give rise to any conflict of interest or act as a deterrent to individuals seeking state protection of their rights.
39. Further noting that only the prosecutor, but not the parties, had submitted his arguments orally before the Krasnoyarsk Regional Court, the Court concludes that the prosecutor's intervention in the appeal proceedings on the applicant's claim undermined the appearances of a fair trial and the principle of equality of arms.
40. The foregoing considerations are sufficient to enable the Court to conclude that there has been a violation of Article 6 § 1 of the Convention.

II. Other alleged violations of the Convention

41. The applicant complained under Article 3 of the Convention that, owing to belated payment of unemployment emoluments, she had been left without the means of existence and her very survival had been in danger. She further complained under Article 1 of Protocol No. 1 that the belated payment of unemployment allowances in an unlawfully reduced amount had impaired her property rights. The applicant also relied on Article 13 of the Convention in conjunction with the above complaints.
42. 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.

III. Application of Article 41 of the Convention

43. 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



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