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

in court.
13. On 9 July 2001 the applicant's representative requested that the decision of 3 October 2000 be set aside for the reason that neither he, nor the applicant had been duly notified of the hearings. By a decision of 12 July 2001, the District Court allowed the request and resumed the proceedings.
14. By a decision of 5 September 2001, the District Court invited the Taganrog Custom Service to join the civil proceedings as a third party.
15. Upon the third party's request of 10 October 2001, the proceedings were stayed because a related administrative case had been pending before another court. On 30 September 2002 they were resumed.
16. Between 30 September and 20 December 2002, three hearings were adjourned because the parties had failed to attend.
17. On 20 December 2002 the District Court declined to examine the applicant's claims on the merits on the ground of her repeated failure to appear in court.
18. The proceedings were resumed on 23 January 2004, at the request of the applicant's representative of 19 January 2004, because neither he, nor the applicant had been properly summoned to the hearings.
19. Of ten hearings listed between 20 February and 16 November 2004, four hearings were adjourned owing to Mrs O.'s absence, two owing to the parties' absence, one at the request of the applicant's representatives and two because the presiding judge was on leave.
20. By a judgment of 16 November 2004, the Kuybyshevskiy District Court dismissed the applicant's claim. On 16 February 2005 the Rostov Regional Court quashed the judgment of 16 November 2004 on appeal and remitted the matter to the first-instance court for fresh examination.

B. Second round of court proceedings

21. The Kuybyshevskiy District Court listed the first hearing for 18 May 2005. Of three hearings fixed between 18 May and 28 June 2005, two were adjourned because the defendants failed to attend and one was adjourned at the defendants' request.
22. On 28 June 2005, at the plaintiffs' request, the District Court ordered an expert examination and stayed the proceedings.
23. The proceedings were later resumed and by a judgment of 15 December 2005 the Kyubyshevskiy District Court allowed the applicant's action in part. The judgment of 15 December 2005 was upheld on appeal by the Rostov Regional Court on 8 February 2006.

II. Relevant domestic law

24. The Code of Civil Procedure of the Russian Federation, which has been in force since 1 February 2003, provides as follows:
Article 113. Court notices and summons
"1. The parties to the proceedings, as well as witnesses, experts, specialists and interpreters, shall be summoned to a hearing by a letter sent by registered mail with an acknowledgment of receipt, by court summons with an acknowledgment of receipt, by telegram, by phone or fax or by any other means which can guarantee a record of the fact that the summons was sent and was received by the party...
3. Summons shall be served on the parties in such a way that they have enough time to prepare their case and appear at the hearing."
Article 222. Ground for leaving the case without consideration on merits
"A court shall leave a case without examination on the merits if the parties to the proceedings have failed to attend at least two scheduled hearings."
Article 223. Procedure and consequences of leaving the case without consideration on merits
"1. Where a case is left without examination on the merits, the proceedings shall be discontinued by a decision of the court...
3. The court shall revoke its decision if the party concerned adduces evidence disclosing a valid excuse for not attending the hearing(s)."

THE LAW




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