e criminal proceedings [against him]. Furthermore, the court finds unsustainable the defendant's argument that the Ministry of Finance is not the appropriate defendant. The applicable legislation, in particular Articles 1070 and 1071 of the Civil Code, provide that compensation for non-pecuniary damage in comparable situations is recoverable from the Ministry of Finance of the Russian Federation at the expense of the Treasury of the Russian Federation.
In assessing the amount of compensation to be awarded for non-pecuniary damage the court takes account of the degree of a wrongdoer's fault and other relevant circumstances, and also the intensity of the physical and moral suffering of a victim, factual circumstances which the harm was caused and personal characteristics of the victim. As to the amount of compensation, the court does not find it possible to grant [the plaintiff's] claims in full, considering the amount claimed to be excessive and rejecting the plaintiff's reference to several legal writers' works as unsustainable.
Accordingly, taking into account the requirements of reasonableness and justice, the court considers it appropriate to order the defendant to pay [Mr] Shcherbakov compensation for non-pecuniary damage in connection with his criminal prosecution and detention in the amount of RUR 300,000 [approximately EUR 8,733]."
36. The parties appealed against the judgment. The applicant challenged the amount of the court award as insufficient and insisted on a larger sum. It appears that the respondent submitted, among other things, that the applicant had failed to substantiate his allegations concerning the allegedly appalling conditions of his detention. In his objections to the respondent's appeal the applicant stressed that his submissions represented well-known facts and needed no proof, because they had been acknowledged by the Russian Government in the Kalashnikov case.
37. On 2 March 2006 the Tula Regional Court examined and dismissed the parties' appeals against the District Court judgment. It appears that at the time of the appeal hearing the applicant was under criminal prosecution for extortion and was being held in detention. His counsel was present and made submissions to the appeal court on the applicant's behalf.
38. The appeal decision referred to the applicant's detailed submissions concerning the conditions of his detention. The court reasoned as follows:
"It follows from the materials of the case and was established by [this] court that claimant Shcherbakov was in detention from 23 May 1995 to 15 July 2002. During that period his place of residence was searched.
By a decision of 26 July 1996 the prosecutor's office of the Tula Region charged the plaintiff with participation in a criminal gang, robbery, concerted and aggravated murder, abduction, bribery and unlawful possession of arms.
By a decision of 15 July 2002 the Tula Regional Court terminated the criminal case against [Mr] Shcherbakov... by reference to Section 24 § 1 (2) of the Code of Criminal Procedure (lack of corpus delicti in his actions).
By the same decision the court lifted [Mr] Shcherbakov's measure of restraint, namely remand in custody, and recognised his right to rehabilitation.
Under Section 151 of the Civil Code, if a citizen sustained non-pecuniary damage (physical or moral suffering) as a result of actions violating his or her non-pecuniary rights or interests, and also where it is expressly provided by law, the court may order the wrongdoer to pay him monetary compensation.
Under Section 1070 (1) of the Civil Code, damage sustained by a citizen as a result of his unlawful conviction, criminal prosecution, unlawful detention and so on, shall be compensated in full in accordance with the procedure prescribed by law by the Treasury of the Russian Federation, irr
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