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»)

nt argued that the quashing had been in accordance with the domestic law of civil procedure. The supervisory review had been justified, because it aimed at remedying a fundamental error in interpretation of the material law by the lower courts. In particular, the Novocherkassk Town Court had wrongly applied the index-linking coefficient for the applicants' pensions and incorrectly determined the amount of the food allowance. Unlike in the case of Maltseva v. Russia (No. 76676/01, §§ 35 - 36, 19 June 2008), where the domestic judgment had been quashed because the lower court incorrectly determined the pension coefficient to be applied, in the present cases the first instance courts manifestly failed to apply the amount of the food allowance specified in the domestic law and thus abused their power. Furthermore, the Novocherkassk Town Court had not had territorial jurisdiction over the applicants' claims. Therefore, the previous proceedings had been tarnished by a fundamental defect (see Luchkina v. Russia, No. 3548/04, § 21, 10 April 2008). In Trukhanov (No. 30481/06) they argued that judge A. who had issued the first instance judgments had been dismissed, and so were several officials from the respondent commissariat. Therefore, the authorities had taken all necessary measures to eliminate potential negative consequences "of the malicious actions of the above judge". They further pointed out that the judge had delivered more than two hundred similar judgments, including those in the applicants' favour, during only two days, 30 August and 15 September 2004. Such important amount of cases examined within a manifestly short period of time, taken alone, was capable of raising doubts as to the fairness of the proceedings at the first instance.
45. Regarding the complaint under Article 1 of Protocol No. 1, they acknowledged that there had been an interference with the applicants' right to property as a result of the quashing, but it was justified, since it was in accordance with law and in the general interest. The initial domestic judgments were delivered in violation of the domestic laws of procedure. A failure to annul such judgments would have undermined the trust to the domestic judicial system and caused social tensions between the individuals whose similar claims were rejected and those whose claims were unlawfully granted.

2. The applicants

46. The applicants maintained their complaint. They argued that the first instance court's judgments were lawful and did not contain a fundamental error. The Novocherkassk Town Court did not violate the jurisdiction rules. Some applicants pointed out that the respondent authority had failed to lodge ordinary appeals against the disputed judgments, and proceeded directly with an application for the extraordinary remedy, such as supervisory review, in violation of the applicants' right to a court.

B. The Court's assessment

1. Admissibility

47. As regards the objection raised in the Trukhanov case, and insofar as the Government may be understood as arguing that the applicant in the above case has lost his victim status, the Court notes that they had not submitted any documents related to the grounds of the judge's dismissal. In any event, there is nothing in the case materials to enable a conclusion that the dismissal constituted either acknowledgment or redress of the alleged violation. The objection must accordingly be dismissed.
48. The Court further notes that the complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

a. Article 6 of the Convention
i. Supervisory review: legal certainty
49. The Court reitera



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