Постановление Европейского суда по правам человека от 01.04.2010 «Дело Царева (Tsareva) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF TSAREVA v. RUSSIA
(Application No. 43327/02)

JUDGMENT <*>

(Strasbourg, 1.IV.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of he Convention. It may be subject to editorial revision.

In the case of Tsareva v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 11 March 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 43327/02) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mrs Margarita Nikolayevna Tsareva ("the applicant"), on 4 December 2002.
2. The Russian Government ("the Government") were represented by Mr P. Laptev and subsequently by Ms V. Milinchuk, both former representatives of the Russian Federation at the European Court of Human Rights.
3. On 11 May 2006 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

The circumstances of the case

A. Initial award and its quashing

4. The applicant was born in 1964 and lives in Magadan, the Magadan Region.
5. The applicant sued the Magadan Regional Hospital and the Magadan Town Children Hospital for medical negligence in respect of her minor son.
6. On 28 November 2001 the Magadan Town Court of the Magadan Region awarded the applicant 150,000 Russian roubles (RUB) of non-pecuniary damages and RUB 8 for the court fee against the Magadan Regional Hospital and dismissed the claims against the Magadan Town Children Hospital as unfounded.
7. On 22 January 2002 the Magadan Regional Court upheld the judgment on appeal. The award remained unenforced.
8. On 13 June 2002, upon the Magadan Regional Hospital's request, the Presidium of the Magadan Regional Court quashed by way of supervisory review the judgment of 28 November 2001, as upheld on 22 January 2002, in the part related to the award made in favour of the applicant, because the lower courts incorrectly assessed the facts of the case. The court remitted the case in that part for a fresh examination in the first instance and upheld the remainder of the lower courts' findings.

B. Applicant's request for annulment of the judgment
in part and subsequent proceedings

9. On 13 January 2002 the applicant lodged a request for annulment of the judgment of 28 November 2001 in the part concerning the Magadan Town Children Hospital's liability on account of discovery of the new circumstances, i.e. evidence of the Town Hospital's liability.
10. On 17 December 2003 the Magadan Town Court allowed her request, annulled the judgment of 28 November 2001 as amended by the ruling of 13 June 2002 in the part concerning the rejection of the applicant's claims agains



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