Постановление Европейского суда по правам человека от 01.04.2010 «Дело Денисова и Моисеева (Denisova and Moiseyeva) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DENISOVA AND MOISEYEVA v. RUSSIA
(Application No. 16903/03)

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 Denisova and Moiseyeva 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,
Khanlar Hajiyev,
Dean Spielmann,
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. 16903/03) 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 two Russian nationals, Ms Nataliya Mikhaylovna Denisova and Ms Nadezhda Valentinovna Moiseyeva ("the applicants"), on 8 July 2002.
2. The applicants were represented by Ms K. Kostromina, a lawyer with International Protection Centre in Moscow. 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 applicants alleged, in particular, a violation of their right to peaceful enjoyment of possessions.
4. On 9 September 2005 the Court decided to communicate the complaint concerning the alleged violation of the applicants' property rights 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

I. The circumstances of the case

5. The applicants were born in 1949 and 1978 respectively and live in Moscow. They are wife and daughter of Mr Valentin Moiseyev, who was also an applicant before the Court (see Moiseyev v. Russia, No. 62936/00, 9 October 2008).

A. Criminal proceedings against Mr Moiseyev

6. On 3 July 1998 the Investigations Department of the Federal Security Service of the Russian Federation (the FSB) opened criminal proceedings against Mr Moiseyev. At 11.30 p.m. a search was conducted at the applicants' flat. Foreign currency, the keys and registration papers for a VAZ car, and the second applicant's personal computer were seized. Simultaneously a search was carried out at Mr Moiseyev's office. In total, the investigators seized 5,747 US dollars.
7. On 10 July 1998 the investigator seized from the first applicant the keys to garage No. 178.
8. On 13 July 1998 Mr Moiseyev was formally charged with high treason, an offence under Article 275 of the Criminal Code.
9. On 22 July 1998 the investigator ordered a charge to be placed on the VAZ car with a view to "securing possible forfeiture of the defendant's property in accordance with Article 175 of the RSFSR Code of Criminal Procedure".
10. On 1 September 1998 the investigator informed the director of the SBS-Agro bank of the freezing of Mr Moiseyev's foreign currency and Russian rouble accounts.
11. On 16 September and 12 November 1998 the investigator issued charging orders in respect of the garage and



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