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Постановление Европейского суда по правам человека от 15.10.2009 "Дело "Племянова (Plemyanova) против Российской Федерации" [рус., англ.]





> 1. The case originated in an application (No. 27865/06) 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, Ms Mariya Sergeyevna Plemyanova ("the applicant"), on 16 May 2006.
2. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. On 19 June 2008 the President of the First Section decided to grant priority treatment to the application and to give notice of it 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 1928 and lives in Krasnodar.

A. First round of proceedings

5. In October 1996 the applicant's husband sued his neighbours, Mr P and Mr Pr alleging that they prevented him from using his land. In April 1997 he amended his claim raising a complaint against the Krasnodar town administration claiming removal of structures built on his land and annulment of the administration's decision allowing such construction. In reply to the court's request, in his report dated 31 March 1997, the expert concluded that the border between P's and the applicant's land was not in line with the reference document issued in 1957. By a default judgment of 23 January 1998, the Pervomayskiy District Court of Krasnodar granted the applicant's husband's claims. Mr P sought annulment of the default judgment. On 10 April 1998 this judgment was annulled and the proceedings resumed.
6. On 5 May 1998 the Convention entered into force in respect of Russia.

B. Second round of proceedings

7. On 26 June 1998 the District Court granted the applicant's husband's claims and ordered the town administration "not to place any obstacles in the way of his building a garage". The applicant's husband and the district prosecutor lodged appeals against this judgment. On 27 August 1998 the Krasnodar Regional Court quashed the judgment on appeal; the case was remitted to the District Court.

C. Third round of proceedings

8. In the resumed proceedings, three hearings were adjourned because third parties, experts or witnesses defaulted. Two hearings were adjourned because the applicant's husband's lawyer studied the case file for ten days and because the applicant's husband drafted an amended statement of claim.
9. In April 1999 the case was re-assigned to another judge. In May 1999 the applicant's husband lodged a claim against a Ms N, his other neighbour. In June 1999 Mr P and Ms N lodged counter-claims against the applicant's husband. In July 1999 the court ordered an expert report. In the absence of the necessary documents and payment, the expert refused to submit a report.
10. In 3 February 2000 the case was re-assigned. At least five hearings were adjourned for various reasons (the judge was ill or busy; the other parties, their lawyers or other participants failed to attend). In September 2000 the applicant's husband and Mr P signed a friendly settlement agreement in respect of certain claims. On 30 November 2000 the Presidium of the Regional Court annulled it.
11. In January 2001 the applicant's husband withdrew some of his claims; Mr Pr waived his right to be present at hearings; Ms N withdrew her claims against the applicant. By a judgment of 1 February 2001, the District Court rejected the applicant's husband's claims. On 20 March 2001 the Regional Court upheld the judgment. On 2 August 2001 the Presidium of the Regional Co



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