Постановление Европейского суда по правам человека от 13.07.2010 <Дело Лопата (Lopata) против России» [англ.]

dismissed. In the alternative, they argued that a finding of a violation would constitute sufficient just satisfaction.
164. The Court firstly notes that in the present case it has found a violation of Article 6 § 3 (c) of the Convention in conjunction with Article 6 § 1. Inasmuch as the applicant's claim relates to the finding of that violation, the Court reiterates that when an applicant has been convicted despite a potential infringement of his rights as guaranteed by Article 6 of the Convention he should, as far as possible, be put in the position in which he would have been, had the requirements of that provision not been disregarded, and that the most appropriate form of redress would, in principle, be trial de novo or the reopening of the proceedings, if requested (see {Ocalan} v. Turkey [GC], No. 46221/99, § 210 in fine, ECHR 2005-IV, and Popov, cited above, § 264). The Court notes, in this connection, that Article 413 of the Russian Code of Criminal Procedure provides that criminal proceedings may be reopened if the Court finds a violation of the Convention (see paragraph 98 above).
165. As to the applicant's claims in respect of non-pecuniary damage, the Court has found three violations of the Convention in the present case. In these circumstances, the Court considers that the applicant's suffering and frustration cannot be compensated for by the mere finding of a violation. Making its assessment on an equitable basis, the Court awards the applicant the amount claimed in respect of non-pecuniary damage, plus any tax that may be chargeable to the applicant.

B. Costs and expenses

166. The applicant claimed 40,000 Russian roubles (RUB) in respect of his representation at the domestic level by A.A. and Ch.M. He further submitted an itemised schedule of costs and expenses concerning his representation before the Court, which included interviews, research and the drafting of legal documents submitted to the Court, at a rate of EUR 50 per hour for Ms Vedernikova and 100 pounds sterling (GBP) per hour for Mr Leach, as well as translation fees. The relevant amounts were broken down as follows: EUR 2,700 for Ms Vedernikova's services, to be paid into her account in Russia; GBP 766 for Mr Leach's services and GBP 1,831.65 in translation fees, to be paid to the EHRAC account in the UK. The aggregate claim in respect of costs and expenses related to the applicant's legal representation amounted to EUR 7,624.73.
167. The Government submitted that the applicant had failed to substantiate his claims in respect of A.A. services. They further argued that the applicant's representation by two counsel of EHRAC was not justified and objected to the applicant's request to have the related amounts paid directly to their accounts.
168. The Court reiterates that only legal costs and expenses found to have been actually and necessarily incurred and which are reasonable as to quantum are recoverable under Article 41 of the Convention (see McCann and Others v. the United Kingdom, 27 September 1995, § 220, Series A No. 324). It is further noted that the costs of the domestic proceedings can be awarded if they are incurred by the applicants in order to try to prevent the violation found by the Court or to obtain redress therefor (see, among many authorities, Peck v. the United Kingdom, No. 44647/98, § 127, ECHR 2003-I).
169. The Court accepts the Government's submission that the applicant failed to substantiate his claims in respect of A.A.'s services. At the same time it does not consider that the applicant's representation by two lawyers was excessive or that their rates were unreasonable. Lastly, the Court observes that it is its standard practice to rule that awards in relation to costs and expenses are to be paid directly into the applicant's representatives' accounts (see, for example,



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