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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MARGUSHIN v. RUSSIA
(Application No. 11989/03)

JUDGMENT <*>

(Strasbourg, 1.IV.2010)

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

In the case of Margushin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} <*> Wampach, Deputy Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

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. 11989/03) 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, Mr Viktor Vladimirovich Margushin ("the applicant"), on 28 April 2001.
2. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that the judgment in his favour had not been enforced.
4. On 13 March 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

5. The applicant was born in 1930 and lives in Taganrog.

A. Proceedings concerning withdrawal
of the applicant's deposit

6. On 27 April 1998 the applicant made a deposit in the amount of 7,218.00 United States dollars (USD) with a private bank, Bank Rossiyskiy Kredit ("the Bank").
7. On 7 September 1998 the Bank repaid USD 1,200 to the applicant.
8. On 16 September 1998 the applicant tried unsuccessfully to recover the outstanding amount.
9. On an unspecified date the applicant brought an action against the Bank seeking the withdrawal of the deposit, payment of the interest and compensation for non-pecuniary damage.
10. On 21 September 1998 the Taganrog Town Court of the Rostov-on-Don Region granted the applicant's claims in part and ordered the Bank to pay the applicant USD 6,085.20. The court dismissed the claim for compensation for non-pecuniary damage.
11. On 30 September 1999 the Presidium of the Rostov Regional Court quashed the judgment of 21 September 1998 by way of supervisory review and remitted the matter to the Town Court for fresh consideration. It appears that on 14 March 2000 the Town Court dismissed the applicant's claims without consideration on the merits.

B. Transfer of the applicant's deposit to Sberbank

12. On 5 December 1998 the applicant accepted the Bank's offer to have the outstanding amount converted into Russian roubles (RUB) at the rate of RUB 9.33 to USD 1 and to have it transferred to his account with another bank. On 5 March 1999 the amount was transferred to his account in the Sberbank.
13. On 1 April 1999 the Sberbank paid the applicant RUB 54,148.54.




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