Постановление Европейского суда по правам человека от 22.12.2009 "Дело "Гудков (Gudkov) против Российской Федерации" [рус., англ.]

hing of the judgment in breach of the principle of legal certainty frustrated the applicant's reliance on the binding judicial decision and deprived him of an opportunity to receive the judicial awards he had legitimately expected to receive (see Dovguchits v. Russia, No. 2999/03, § 35, 7 June 2007). Accordingly, there has also been a violation of Article 1 of Protocol No. 1.

II. Application of Article 41 of the Convention

23. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
24. The Court points out that under Rule 60 of the Rules of Court, any claim for just satisfaction must be itemised and submitted in writing together with the relevant supporting documents or vouchers, "failing which the Chamber may reject the claim in whole or in part".
25. The Court notes that on 19 January 2007 the applicant was invited to produce his claims for just satisfaction by 23 March 2007. The applicant did not submit any claims under Article 41. Thus, the Court makes no award under Article 41 of the Convention.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the application admissible;
2. Holds that there has been a violation of Article 6 of the Convention and of Article 1 of Protocol No. 1 in respect of the quashing on 26 December 2002 via supervisory review of the final judgment in the applicant's favour;
3. Holds that there is no need to examine the complaint under Article 6 of the Convention that the applicant was not informed about the hearing of 26 December 2002.

Done in English, and notified in writing on 22 December 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

(Soren} NIELSEN
Registrar






> 1 2 3 ... 4 5 6

	Поделиться:	Tweet