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

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44. The applicant claimed 1,645 euros (EUR) in respect of pecuniary damage and EUR 10,000 in respect of non-pecuniary damage.
45. The Government noted that that they did not see any appearance of a violation of the applicant's rights, and therefore no award had to be made. However, if the Court found a violation, they suggested that the most appropriate form of redress would be putting the applicant into the same position as she had before the alleged violation occurred, and giving the applicant a retrial.
46. The Court does not discern any causal link between the violation found and the pecuniary damage alleged. The Court notes that in the present case an award of just satisfaction can only be based on the fact that the applicant did not have the benefit of the guarantees of Article 6 § 1 of the Convention. It cannot speculate, however, as to what the outcome of proceedings compatible with Article 6 § 1 might have been had the requirements of this provision not been violated. It therefore rejects the applicant's claims for pecuniary damage. On the other hand, it awards the applicant EUR 1,500 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

47. The applicant also claimed EUR 530 for the costs and expenses incurred before the domestic courts and the Court. She submitted a payment receipt for RUR 6,000 for lawyer's fees and a postal receipt for 41.14 Ukrainian hryvnyas.
48. The Government relied on the Court's case-law to the effect that costs and expenses should be awarded only in so far as they were actually incurred, were necessary and were reasonable as to their amount. They accepted that only the applicant's claims for EUR 176 had been supported by relevant documents.
49. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had to the information in its possession and the above criteria, the Court considers it reasonable to award EUR 250 under this head, plus any tax that may be chargeable to the applicant on that amount.

C. Default interest

50. 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 UNANIMOUSLY

1. Declares the complaint concerning violation of the principle of equality of arms admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 of the Convention;
3. Holds
(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, the following amounts, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 1,500 (one thousand five hundred euros) in respect of non-pecuniary damage plus any tax that may be chargeable on that amount; and
(ii) EUR 250 (two hundred and fifty euros) in respect of costs and expenses, plus any tax that may be chargeable to the applicant on that amount;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
4. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 15 January 2009, pursu

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