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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»)





annulment of the domestic judgments in the applicants' favour by way of the supervisory review proceedings. The quashing in the instant cases had occurred before the applicants had passed away. The crux of the grievance under Article 6 was, in fact, frustration of the applicants' reliance on the binding judicial decision. The Court reiterates that quashing of a final judgment is an instantaneous act and does not create a continuing situation (see, mutatis mutandis, Sardin v. Russia (dec.), No. 69582/01, ECHR 2004-II). In these circumstances, the Court may admittedly have difficulties in finding that the applicant's relatives were affected by the quashing and accepts that the legal certainty complaint under Article 6 in the context of the supervisory-review proceedings, if raised separately, might not be automatically considered transferable (compare, mutatis mutandis, Stankevich, cited above; Gorodnichev v. Russia (dec.), No. 32275/03, 15 November 2007; {Bic} and Others, cited above, § 22; and Georgia Makri and Others v. Greece (dec.), No. 5977/03, 24 March 2005).
41. On the other hand, the Court notes that in the present case the supervisory-review complaint is closely related to the non-enforcement grievance under Article 6. It recalls that the principles insisting that a final judicial decision must not be called into question and should be enforced represent two aspects of the same general concept, namely the "right to a court" (see, for instance, Sobelin and Others, cited above, § 67). The Court has been prepared to recognise the standing of a relative as regards the non-enforcement complaints (see, among others, Shiryayeva, cited above). Furthermore, the supervisory-review complaints under Article 6 and Article 1 of Protocol No. 1 are closely interrelated, and it has already accepted the relatives' standing as regards the complaint under the latter provision of the Convention. In view of the above, the Court does not consider it necessary to draw a distinction between two aspects of the supervisory-review complaint for the purposes of determination of the standing issue. It finds that Mr V.N. Zakharov and Mrs T.N. Melnikova have standing to pursue their late relatives' complaints under Article 6.
c. Conclusion
42. In view of the above, and having particular regard to the close interrelation of the complaints in the present case, the Court considers that Mr V.N. Zakharov and Mrs T.N. Melnikova have a legitimate interest in pursuing the complaints in place of their late relatives in cases Nos. 28888/06 and 31419/06, respectively.

III. Alleged violation of Article 6 of the Convention
and Article 1 of Protocol No. 1 on account
of supervisory review

43. The applicants complained under Article 6 of the Convention and Article 1 of Protocol No. 1 that the quashing of the binding judgments in their favour was unjustified, as well as about various defects of the supervisory-review proceedings. Insofar as relevant, these Articles read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."

A. The parties' submissions

1. The Government

44. The Governme



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