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Постановление Европейского суда по правам человека от 29.07.2010 <Дело Стрельцов и другие "Новочеркасские военные пенсионеры" (Streltsov and other "Novocherkassk military pensioners") против России» [англ.] (Вместе с <Присужденными компенсациями за материальный ущерб»)





nitial domestic judgments in their favour.
74. As regards the alleged lack of an effective domestic remedy against the continued non-enforcement of the judgment in the applicants' favour, the Court considers that, having regard to the above findings (see paragraph 34 above), it is not necessary to examine whether there has been a violation of Article 13 in the present eighty-seven cases. Thus, the Court rejects this complaint under Article 35 § 4 of the Convention (see, in the similar context, Murtazin, cited above, §§ 43 - 45).
75. The applicants may be understood to complain under Article 13 about the lack of an effective domestic remedy against the quashing by way of supervisory review of a judgment in their favour. The Court notes that Article 13 of the Convention does not, as such, guarantee the right to appellate remedies in respect of a decision taken by way of supervisory review, and the mere fact that the judgment of the highest judicial body is not subject to further judicial review does not infringe in itself the said provision (see, in identical context, Murtazin, cited above, § 46).
76. It follows that this part of the complaint is incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected in accordance with Article 35 § 4 thereof.

VI. Other alleged violations of the Convention

77. All applicants complained under Articles 6 and 13 of the Convention about the extension of the time-limit for lodging a supervisory-review request and about the overall length of the court proceedings in their cases.
78. The Court reiterates that the reasonableness of the length of the proceedings is to be assessed in the light of the particular circumstances of the case, regard being had to the criteria laid down in the Court's case-law, in particular the complexity of the case, the conduct of the applicant and that of the authorities before which the case was brought (cf. {Pelissier} and Sassi v. France [GC], No. 25444/94, ECHR 1999-II, § 67).
79. Turning to the present cases, the Court notes that the applicants complain, in essence, about the overall duration of the proceedings in their cases, including the periods when their respective cases had been pending before the supervisory review instance. The Court recalls, however, that it is appropriate to take into account only the periods when the case was actually pending before the courts, that is the periods when there was no effective judgment in the applicant's case (see, mutatis mutandis, Rokhlina v. Russia, No. 54071/00, § 82, 7 April 2005). Having thus deducted the periods between the dates of the initial judgments and the reopening of the respective cases by way of the supervisory review proceedings from the overall duration of the civil proceedings, the Court observes that in no case at hand the length of the domestic proceedings was excessive or unreasonable. It follows that this part of the applications must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
80. Lastly, having regard to all the material in its possession, the Court finds that other complaints raised by the applicants did 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 applications must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

VII. Application of Article 41 of the Convention

81. 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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