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Постановление Европейского суда по правам человека от 18.03.2010 «Дело Максимов (Maksimov) против России» [англ.]





plicant submitted that he had attempted to obtain redress for the ill-treatment suffered by bringing two tort actions. However, he argued that the remedy was not sufficiently effective to comply with Article 13 of the Convention, as it did not provide adequate redress. It is apparent from the above that the Court must examine whether the judicial avenue for obtaining compensation for the damage sustained by the applicant represented an effective, adequate and accessible remedy capable of satisfying the requirements of Article 13 of the Convention.
64. The Court reiterates that the applicant introduced an action in the course of the criminal proceedings against the police officer N., seeking compensation for damage resulting from the latter's unlawful conduct. The domestic courts partly allowed the action, awarding the applicant RUB 10,000 in compensation for non-pecuniary damage, and instructed him to bring a separate action for compensation in respect of the injuries suffered to his person (see paragraph 19 above). The award was never enforced as Mr N. did not have the requisite funds. Subsequently, the applicant brought an action against a number of State agencies, including the Yemelyanovskiy district police department which had employed officer N., arguing that the amount of compensation awarded was inadequate and had not in fact been paid to him. He further argued that the courts should hold the State accountable and punish it for the outrageous conduct of its agent, in order to act as a deterrent to future offences, and should thus award him sufficient compensation for the injuries suffered. On 3 April 2003 the Sverdlovskiy District Court dismissed the action, holding that the situation in which the applicant had found himself was not covered by the legal provisions abrogating the State's immunity from tort liability and establishing the conditions for suits and claims against the State for damage caused by unlawful acts or omissions of its agencies and officials. In addition, the District Court found that the applicant had already made use of his right to obtain redress by successfully introducing the tort action against the direct tortfeasor, Mr N. (see paragraph 24 above). On 16 July 2003 the Krasnodar Regional Court, having examined the applicant's appeal, confirmed the overall correctness of the District Court's decision to dismiss the action. However, the Regional Court amended the District Court's reasoning by setting aside its conclusion as to the inapplicability of the legal provisions on the State's liability, while endorsing the finding that the applicant had already benefited from the right to claim reparation of the damage from the perpetrator of the injury (see paragraph 25 above).
65. The Court observes that Russian law undoubtedly afforded the applicant the possibility of bringing judicial proceedings to claim compensation for the damage suffered as a result of his ill-treatment. The Court reiterates that the applicant availed himself of that possibility by bringing an action against the direct tortfeasor (see paragraph 19 above) and subsequently by bringing a claim against various State agencies seeking compensation for the damage he had sustained on account of the ill-treatment (see paragraph 23 above). The domestic courts awarded him RUB 10,000 in compensation for non-pecuniary damage to be paid by Mr N. The applicant's dissatisfaction with the amount of the award does not in itself demonstrate that a tort action was an ineffective remedy for airing such complaints. In this connection the Court notes that the "effectiveness" of a "remedy" within the meaning of Article 13 does not depend on the certainty of a favourable outcome for the applicant. Nor does the "authority" referred to in that provision necessarily have to be a judicial authority; but if it is not, its powers and the guarantees which it affords are relevant in determining whether the r



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