pplicant appealed against the decision of 1 September 2003. He claimed that, under Article 338 of the CCP, an appeal was to be lodged within ten days of the adoption of a final version of the judgment in issue. In his case, the final version of the judgment had been created on 3 September 2003, that is, two days after his appeal was rejected. He therefore applied for a renewal of the above time-limit.
37. On 29 October 2003 the city court rejected the applicant's appeal against the decision of 1 September 2003, having found no reason to quash it on account of a violation of Article 199 of the CCP by the district court.
38. The text of the judgment of 26 February 2003 bears a court's stamp confirming that it became final on 29 October 2003.
39. The applicant did not pursue supervisory review proceedings.
II. Relevant domestic law
Code of Civil Procedure of the Russian Federation (CCP)
40. A court may restore a procedural term established by a federal law after its expiry if it finds that reasons for failure to comply with such a term were valid (Article 112 § 1). A request to restore the term after its expiry must be lodged with the court before which the procedural act in question should have been performed, and must be examined at a court hearing. Parties to the proceedings are to be notified of the time and place of the hearing, but their failure to attend it does not preclude the court from deciding upon the issue (Article 112 § 2). The necessary procedural act in respect of which the procedural term has expired, such as lodging a complaint, or submission of documents, must be performed simultaneously with the lodging of the request for restoration of the term (Article 112 § 3). The court's ruling on the restoration of (or refusal to restore) the procedural term may be appealed against (Article 112 § 4 as in force at the material time).
41. A judgment must be delivered immediately after the examination of a civil case. The preparation of a reasoned judgment may be postponed for not more than five days after the examination of a case; however, the first-instance court must pronounce the operative part of the judgment at the same hearing in which the examination of the case is completed (Article 199 of the CCP).
42. An appeal in a civil case may be lodged within ten days of the delivery of a first-instance judgment in its final form (Article 338 of the CCP).
43. An appeal statement is to be returned to the appellant where (i) a judge's instructions concerning an appeal statement have not been complied with; or (ii) the term for lodging an appeal has expired, provided that restoration of the term concerned has not been requested (Article 342 § 1 of the CCP).
THE LAW
I. Alleged violations of Article 6 § 1 of the Convention
44. The applicant complained about lack of access to the appeal court in his civil case and the length of the civil proceedings. He relied on Article 6 § 1 of the Convention, which reads, in so far as relevant, as follows:
"1. In the determination of his civil rights and obligations... everyone is entitled to a fair... hearing within a reasonable time by a... tribunal..."
A. Submissions by the parties
45. The Government contested the applicant's arguments. They emphasised at the outset that pursuant to domestic regulations case materials in civil cases were to be kept in archives for five years, and explained that the applicant's case materials had been destroyed. They further submitted that, although the time-limit for preparation of a reasoned judgment in the applicant's case had not been respected, the judge responsible for it had been dismissed from office. The delay in preparation of the reasoned judgment amounted to six months and five
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