Постановление Европейского суда по правам человека от 01.04.2010 «Дело Георгий Николаевич Михайлов (Georgiy Nikolayevich Mikhaylov) против России» [англ.]

days. The applicant's appeal statement had been returned to him because it had not contained a request to restore the time-limits in keeping with Articles 112 and 342 § 1 of the CCP. The proceedings had been lengthy because of objective factual circumstances. The applicant's civil case had been particularly complex: the civil case had been closely linked to the criminal investigation and hearings had been postponed on several occasions to obtain the criminal case materials; the defendants had been State agencies; the applicant had confirmed that the case had been complex as he had amended his statement of claims and had not attended every hearing. In the Government's submission, the applicant's civil case had been examined within four years and seven months. A period of inactivity of the district court of one year, five months and twenty-one days had been attributable to the applicant. A delay of four months and eighteen days had been attributable to the judge's illness; moreover, the judge had been disciplined for protracting the case and dismissed from office. The length of the proceedings would have been shorter had the applicant not contributed to the delays. The Government further claimed that the applicant had not requested supervisory review of the rulings of 1 September and 29 October 2003 or complained about the excessive length of his civil proceedings to the Judiciary Qualification Board. In sum, the Government claimed that there had been no violation of the applicant's rights under Article 6 § 1 of the Convention.
46. The applicant maintained his claims. He submitted that he had waited nine months to receive the text of the judgment. The applicant also asserted that the length of the proceedings had been excessive and that he had attended every hearing he had been notified of.

B. The Court's assessment

1. Admissibility

47. In so far as the Government may be understood to claim that the applicant's failure to complain to the Judiciary Qualification Board about the excessive length of the civil proceedings amounted to non-exhaustion of domestic remedies, the Court notes that it has already found that an application to the Judiciary Qualification Board is not an effective remedy against the excessive length of proceedings (see Kormacheva v. Russia, No. 53084/99, §§ 61 and 62, 29 January 2004, and Falimonov v. Russia, No. 11549/02, § 50, 25 March 2008). It therefore dismisses the Government's objection.
48. In so far as the Government may be understood to plead non-exhaustion as regards the applicant's failure to apply for supervisory review of the rulings of 1 September and 29 October 2003, the Court reiterates that supervisory review in civil proceedings under Russian law is not an effective remedy to be exhausted (see Tumilovich v. Russia (dec.), No. 47033/99, 22 June 1999, and Denisov v. Russia (dec.), No. 33408/03, 6 May 2004). The Court thus dismisses the Government's objection.
49. The Court notes that the applicant's complaints are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that they are not inadmissible on any other grounds and must therefore be declared admissible.

2. Merits

(a) Access to court
50. The Court reiterates that Article 6 § 1 secures to everyone the right to have any claim relating to his civil rights and obligations brought before a court or tribunal. In this way it embodies the "right to a court", of which the right of access, that is the right to institute proceedings before courts in civil matters, constitutes one aspect (see Golder v. the United Kingdom, 21 February 1975, §§ 35 - 36, Series A No. 18).
51. The Court further reiterates that, whilst the Convention does not provide any right to an appeal in civil cases, if a rig



> 1 ... 2 3 4 5 ... 7 8 9

	Поделиться:	Tweet