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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»)





Court observes that the applicant was successful in the new round of the court proceedings after the quashing, and the new award in his favour had been timeously enforced. In these circumstances, the Court considers that the Government should pay the applicant the equivalent in euros of the difference between the amounts awarded by the judgment of the Novocherkassk Town Court of 15 September 2004 (No. 2-1879/04) and those awarded to him by the judgment of 6 August 2007 by the Oktyabrskiy District Court.
ii. As regards interest
88. Regarding the cases of Mr Trukhanov (No. 30481/06), Mrs Vechurko (No. 27833/06) and Mr Pavlov (No. 25442/06) the Court notes that these applicants did not claim interest. Accordingly, the Court does not consider it necessary to grant any amount in this respect of its own motion.
89. As regards eighty-four remaining cases, the Court recalls its constant approach that the adequacy of the compensation would be diminished if it were to be paid without reference to various circumstances liable to reduce its value (see, mutatis mutandis, Gizzatova v. Russia, No. 5124/03, § 28, 13 January 2005). The Court accordingly accepts the applicants' claims relating to the loss of value of the domestic awards since the delivery of the judgments in their favour and finds it appropriate to award additional sums in this respect, where they were requested (see Kondrashov and Others v. Russia, Nos. 2068/03 et al., § 42, 8 January 2009).
90. Turning to the method of calculation of damage in eighty four cases at hand, the Court notes the Government's submission as regards the applicants' use of the incorrect consumer price index. However, it appears that the Government's argument was based on the comparison of the applicants' calculations with an average consumer prices' index established by the respective statistics authority in respect of the entirety of the Russian Federation. However, the submissions by all applicants were based on a similar index in respect of their specific region, namely that of Rostov. Having studied the certificates by the Rostov Regional Department of Statistics, the Court observes that the indexes for the periods specified in the applicants' claims for just satisfaction were, in fact, correct. It further notes that, while pointing out to allegedly wrongful use of the indexes, the Government did not challenge the method of calculation of the inflation loss chosen by the applicants, nor did they advance any reason for which a national and not regional index of consumer prices was to be used for calculation of the interest. The Court therefore accepts the applicants' method of calculation.
91. As regards the period in respect of which the claims for interest have been made, the Court accepts that after the final judgments were quashed they ceased to exist under domestic law; it cannot restore the power of these judgments (see Tarnopolskaya and Others v. Russia, Nos. 11093/07 et seq. § 51, 7 July 2009). The Court allows the Government's argument that no interest for the periods posterior to the annulment of the judgments should be granted to the applicants. Therefore, where a domestic judgment in an applicant's favour had not been enforced before quashing, the Court only allows the claims as regards the interest in so far as they are made in respect of the periods preceding the respective date of quashing. Where a domestic judgment had been executed before annulment, the Court awards the interest for the period preceding the date of full enforcement.
iii. Conclusion
92. In view of the above and making its estimate on the basis of the information at its disposal, the Court awards the applicants the amounts listed the "Final Court's Award" section of Annex II to the present judgment, plus any tax that may be chargeable. Where a domestic judgment in an applicant's favour had



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