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Постановление Европейского суда по правам человека от 22.12.2009 "Дело "Сергей Смирнов (Sergey Smirnov) против Российской Федерации" [рус., англ.]





ealed, submitting that he had indicated his address in the statement of claim.
16. On 18 November 2003 the Moscow City Court upheld the decision of 8 September 2003.

II. Relevant domestic law

17. The RSFSR Code of Civil Procedure ("the old CCP", in force until 1 February 2003) provided that a civil claim was to be filed with the court with territorial jurisdiction over the defendant's place of residence (Article 117).
18. The statement of claim was to specify, in particular, the plaintiff's name and place of residence. If such information was missing, the judge had to stay the proceedings and set a time-limit by which the plaintiff would remedy the defects. If the missing information was not supplied, the claim should be declared inadmissible (Articles 126 and 130).
19. The Code of Civil Procedure of the Russian Federation of 14 November 2002 ("the new CCP", in force from 1 February 2003) contains identical provisions in Articles 28, 131 § 2 and 136.
20. The Civil Code defines a place of residence as a place where a person permanently or predominantly lives (Article 20 § 1).
21. On 17 July 1995 the Russian Government approved the Regulations for registration of temporary and permanent residence of Russian citizens (No. 713). Section 3 of the Regulations defines a place of residence as a place where a person permanently or predominantly lives as an owner or under the terms of a tenancy contract or on other statutory grounds. Section 16 imposes a duty to seek residence registration within seven days of a change of place of residence. Moreover, section 9 imposes a duty to obtain registration at any address where a person intends to stay temporarily for longer than ten days. The person is required to file an application for registration and to submit an identity document, an application form and a document showing the legal basis for residence at the indicated address.

THE LAW

I. Alleged violation of Article 6 § 1 of the Convention

22. The applicant complained under Article 6 § 1 of the Convention that he had had no access to a court for the determination of his civil claims. The relevant parts of Article 6 § 1 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..."
23. The applicant submitted that the very essence of his right of access to a court had been impaired by the domestic courts' refusals to examine the merits of his claims on the ground that he had omitted to indicate his place of residence. His statements of claim had mentioned an address for correspondence which, in the applicant's view, sufficed to enable the courts to keep contact with him. He had in fact received correspondence from courts at that address. The requirement to indicate his registered place of residence had no basis in domestic law and, taking into account his particular situation as a person with no fixed residence, it had had a prohibitive effect, depriving him of the right of access to a court.
24. The Government did not make submissions on the merits of the application.
25. The Court reiterates that Article 6 § 1 secures to everyone the right to have any claim relating to his civil rights and obligations brought before a court or tribunal. In this way, that provision embodies the "right to a court", of which the right of access, that is, the right to institute proceedings before a court in civil matters, constitutes one aspect only; however, it is an aspect that makes it in fact possible to benefit from the further guarantees laid down in paragraph 1 of Article 6 (see Teltronic-CATV v. Poland, No. 48140/99, § 45, 10 January 2006).
26. The "right to a court" is not absolute, but may be subject to limitations. The C



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