Постановление Европейского суда по правам человека от 18.02.2010 «Дело Николай Зайцев (Nikolay Zaytsev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF NIKOLAY ZAYTSEV v. RUSSIA
(Application No. 3447/06)

JUDGMENT <*>

(Strasbourg, 18.II.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 Nikolay Zaytsev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 28 January 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 3447/06) 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 a Russian national, Mr Nikolay Ivanovich Zaytsev ("the applicant"), on 7 December 2005.
2. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. On 28 November 2008 the President of the First Section decided to give notice of the application to the Government and to give the application priority treatment under Rule 41 of the Rules of Court. 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

4. The applicant was born in 1927 and lives in Pskov.
5. The applicant, a retired military serviceman, brought court proceedings against the Military Service Commissariat of Pskov Region ("the Commissariat").
6. On 25 October 2002 the Pskov Town Court of Pskov Region ruled that the applicant was entitled to a monthly allowance for health damage related to professional hardship of 4,540.52 Russian roubles (RUB) and a monthly allowance for food expenses of RUB 544.80. The court also found that the debt accrued as a result of previous underpayment of the monthly allowance for health damage was RUB 49,566.56, the debt in respect of the allowance for food expenses was RUB 734.40 and the debt in respect of the annual allowance for health damage accrued in 2001 was RUB 281.50. The court also ordered that the monthly allowances awarded to be subsequently adjusted in line with inflation.
7. The judgment was not appealed against and on 5 November 2002 became final.
8. On 19 December 2003 and 23 March 2004 the arrears awarded for the period from 1 August 2001 to 31 March 2004 were paid to the applicant.
9. On 11 November 2003 the Commissariat applied for the supervisory review of the judgment.
10. On 12 March 2004 the Presidium of the Supreme Court of Russia, by way of supervisory review proceedings, quashed the judgment of 25 October 2002 in the part obliging the respondent Commissariat to index-link the payments and upheld the remainder of the first instance court's findings.
11. On 5 August 2004 the Pskov Town Court rejected the Commissariat's request to annul the judgment of 25 October 2002 due to discovery of new circumstances. The applicant made written submissions and, apparently, was present at the court room.<



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