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Постановление Европейского суда по правам человека от 22.12.2009 «Дело Талышева (Talysheva) против России» [англ.]





a court injunction to prevent the applicant from using a plot of land. By a default judgment of 30 October 2001, the Justice of the Peace in the 61st Circuit of the Tsentralniy District of Krasnodar granted the injunction. Upon the applicant's request, the Justice of the Peace revoked that judgment on 3 September 2002. On 21 November 2002 the Pervomayskiy District Court, sitting on appeal, decided that the default judgment should remain in force.
14. On 10 April 2003 the Presidium of the Krasnodar Regional Court quashed the judgment of 21 November 2002 and remitted the case to the Justice of the Peace.
15. On 14 December 2004 the District Court discontinued the proceedings because the parties had repeatedly failed to attend hearings.
16. The proceedings were resumed on an unspecified date. On 11 April 2006 the District Court endorsed a friendly settlement which had been reached by the parties.

C. Other disputes

17. On 27 February 2001 the Krasnodar Regional Court took a final decision rejecting the applicant's claims in an inheritance dispute.
18. The applicant was also an unsuccessful party to another land dispute. The final decision on that matter was taken by the Krasnodar Regional Court on 22 April 2003.

II. Relevant domestic law

19. The relevant domestic law governing the supervisory review procedure at the material time is summed up in the Court's judgment in the case of Sobelin and Others v. Russia (No. 30672/03 et seq., §§ 33 - 42, 3 May 2007).

THE LAW

I. Alleged violation of Article 6 § 1 of the Convention
and of Article 1 of Protocol No. 1 on account
of supervisory review

20. The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 that the judgments of 1 March 2001 and 18 June 2003 in her favour had been quashed by way of supervisory review on 12 February 2004. She also complained under Article 6 § 1 that her procedural rights had been violated in the supervisory review proceedings. In so far as relevant, these Articles read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.[...]"
21. The Government contested that argument. They argued that the supervisory review had been compatible with the Convention as the lower courts had made judicial errors in applying the substantive law. They also noted that the Presidium, when reversing the final judgments, in fact acted as a court of second instance.

A. Admissibility

22. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

23. The Court reiterates that for the sake of legal certainty implicitly required by Article 6, final judgments should generally be left intact. They may be disturbed only to correct fundamental errors. Their review should not be treated as an appeal in disguise, and the mere possibility of there being two views on the subject is not a ground for re-examination (see Ryabykh v. Russia, No. 52854/99, §§ 51 - 52, ECHR 2003-IX).
24. The Court reiterates that it has frequently found violations of the principle of legal certainty and of the right to a court in the supervisory review procee



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