Постановление Европейского суда по правам человека от 18.02.2010 «Дело Аббасов (Abbasov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ABBASOV v. RUSSIA
(Application No. 11470/03)

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 Abbasov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
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. 11470/03) 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 Kerim Kamran-ogly Abbasov ("the applicant"), on 19 February 2003.
2. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. On 21 January 2008 the President of the First Section decided to give notice of the application to the Government. 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 1956 and lives in Nizhnevartovsk, a city in the Khanty-Mansi Autonomous District.
5. In 1987 the applicant was convicted of fraud and complicity in bribery. In 1988 a supervisory instance court quashed the conviction and ordered a new investigation. The investigation was pending until 1999. In February 1999 the criminal proceedings against the applicant were discontinued.
6. The applicant sued the Ministry of Finance for compensation. On 14 September 2001 the Nizhnevartovsk District Court awarded the applicant 37016 Russian roubles (RUB) in pecuniary damage and 800000 RUB in non-pecuniary damage.
7. On 28 November 2001 the Khanty-Mansi Regional Court upheld on appeal the judgment in respect of the pecuniary damage, but reduced the amount of the compensation of non-pecuniary damage to 80000 RUB.
8. The applicant applied for a supervisory review of the appeal decision of 28 November 2001. On 7 December 2001 the Khanty-Mansi Regional Court quashed the appeal decision of 28 November 2001 and restored in full the validity of the judgment of 14 September 2001.
9. On 10 December 2002 the applicant received the money awarded to him in pecuniary damage by the judgment of 14 September 2001.
10. On 26 September 2003 the Supreme Court quashed, by means of supervisory review, the judgments of 14 September 2001 and 7 December 2001, and restored the validity of the appeal decision of 28 November 2001.
11. On 13 May 2004 the applicant received the money awarded to him in non-pecuniary damage by the appeal decision of 28 November 2001.

II. Relevant domestic law

12. The relevant domestic law governing the supervisory review procedure at the material time is summed



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