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

notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

1. Submissions by the parties

(a) The applicants
42. The applicants submitted that the finding of the criminal origin in the judgment of 14 August 2001 had related solely to the cash funds rather than to all the other property objects mentioned in the text. This was evident from the use of the plural form in the text ("cash funds... which have been criminally acquired"); otherwise, the sentence should have been in the singular ("property... which has been criminally acquired") (see paragraph 14 above). Furthermore, the writs of execution issued by the Moscow City Court had not mentioned that the property items - as opposed to the cash funds - had been criminally acquired. Finally, the applicants pointed out that the garage had been rented in 1988, that is before the beginning of Mr Moiseyev's alleged criminal activities, and that his accounts at the Sbs-Agro bank had only been used to withdraw the salary paid by the Ministry of Foreign Affairs.
43. The applicants pointed out that the Khoroshevskiy District Court had not given them an effective opportunity to vindicate their property rights because it had merely referred back to the criminal judgment, without carrying out an independent assessment of the facts. The District Court had failed to indicate which authority - the Federal Security Service or the Federal Property Fund - had been the proper defendant.
44. The applicants disputed the legal basis for the domestic courts' decisions and emphasised that Resolution No. 7 of the Plenary Supreme Court of the USSR required the courts to confine the scope of confiscation measures to the convict's personal property and to take into account the lawful interests of the convict's family members. However, the Russian courts had refused to exempt the first applicant's spousal portion and the second applicant's personal property from confiscation.
(b) The Government
45. The Government claimed that, according to the operative part of judgment of 14 August 2001, all of Mr Moiseyev's property, including the cash funds, car, garage, and computer had been criminally acquired. In support of their claim they referred to the last paragraph of the judgment cited in paragraph 14 above. The Government maintained that the value of the cash funds and computer as the items which had actually been confiscated had not exceeded the amount of 14,000 US dollars, which Mr Moiseyev had received in remuneration for his spying activities.
46. The Government submitted that there had been no violation of the applicants' property rights. The confiscation order had been issued in strict compliance with the domestic law provisions. In case of mercenary crimes there existed the presumption of the criminal origin of the defendant's property and a confiscation order could be issued without examination of further evidence of its criminal origin. As the property had been criminally acquired, the Khoroshevskiy District Court had correctly refused the first applicant's claim for recognition of her spousal portion.

2. The Court's assessment

(a) Whether the applicants had a legitimate claim to property
47. The Court reiterates that the concept of "possessions" in the first part of Article 1 of Protocol No. 1 has an autonomous meaning which is not limited to ownership of physical goods and is independent from the formal classification in domestic law: the concept of "possessions" is not limited to "existing possessions" but may also cover assets, including claims, in respect of which the applicant can argue that he has at least a reasonable and "legitimate expectation" of obtaining effective enjoyment of a property right or a proprietary int



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