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

{Togcu} v. Turkey, No. 27601/95, § 158, 31 May 2005; Nachova and Others v. Bulgaria [GC], Nos. 43577/98 and 43579/98, § 175, ECHR 2005-VII, and Imakayeva v. Russia, No. 7615/02, ECHR 2006-XIII (extracts)).
170. Having regard to the above-mentioned principles and to the documents in its possession, the Court awards the applicant EUR 5,700 in respect of costs and expenses, together with any value-added tax that may be chargeable to the applicant. Out of this amount, EUR 2,700 is payable into the bank account of the applicant's lawyer, Mr Leach, in the UK, as indicated by the applicant; EUR 2,700 is payable into the bank account of the applicant's lawyer Ms Vedernikova, in Russia, as indicated by the applicant, and EUR 300 is payable into the bank account of the applicant.

C. Default interest

171. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Dismisses the Government's preliminary objection as to the non-exhaustion of domestic remedies in respect of the applicant's complaints under Article 3 of the Convention;
2. Holds that there has been a violation of Article 3 of the Convention under its procedural limb;
3. Holds that there has been no violation of Article 3 of the Convention under its substantive limb;
4. Holds that there has been a violation of Article 6 § 3 (c) taken in conjunction with Article 6 § 1 of the Convention;
5. Holds that the respondent State has failed to comply with its obligations under Article 34 of the Convention;
6. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
(i) EUR 15,000 (fifteen thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable to the applicant;
(ii) EUR 5,700 (five thousand seven hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses, of which EUR 2,700 (two thousand seven hundred euros) is payable into the bank account of the applicant's lawyer, Mr Leach, in the UK, as indicated by the applicant; EUR 2,700 (two thousand seven hundred euros) is payable into the bank account of the applicant's lawyer Ms Vedernikova, in Russia, as indicated by the applicant; EUR 300 (three hundred euros) is payable into the bank account of the applicant;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
7. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 13 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Josep CASADEVALL
President

Santiago QUESADA
Registrar






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