Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Мержоев (Merzhoyev) против Российской Федерации" [рус., англ.]

ev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Nina {Vajic}, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 17 September 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 68444/01) 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, Mr Isa Israilovich Merzhoyev ("the applicant"), on 3 April 2001.
2. The applicant was represented by Ms S. Alekseyeva, a lawyer practising in Moscow. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant complained of his inability to withdraw his savings deposited in the Chechen branch of the Savings Bank of Russia.
4. By a decision of 17 January 2008, the Court declared the application admissible.
5. The applicant and the Government each filed further written observations (Rule 59 § 1).

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1949 and lives in Moscow.

A. Deposit of savings and attempts to recover them

7. On 15 May 1990, 13 March 1991 and 20 February 1992 the applicant, then a resident of Grozny, Chechnya, deposited 31,881.47, 30,000 and 24,500 Soviet roubles on behalf of his son, his daughter and himself respectively in three savings accounts with the Grozny branch of the Chechen Savings Bank, which was an integral part of the USSR Savings Bank.
8. In late 1994 hostilities began in Chechnya and the applicant left for Ingushetia. On 5 January 1995 he was registered as an internally displaced person by the Migration Service of the Sunzhenskiy District of Ingushetia.
9. It appears that at some point the applicant moved and settled in Moscow.
10. In early 1999 the applicant unsuccessfully requested the Savings Bank of Russia, the successor of the USSR Savings Bank, to transfer his indexed deposits to a branch in Moscow.

B. Court proceedings

11. Following the bank's refusal, the applicant brought a court action, seeking to have his deposits restored, indexed and transferred to the Moscow branch of the Savings Bank of Russia.
12. On 13 October 2000 the Gagarinskiy District Court of Moscow found against the applicant. The court confirmed the fact that during the period from 15 May 1990 until 20 February 1992 the applicant had made deposits on behalf of himself and his two children with the Grozny branch of the USSR Savings Bank and came to a conclusion acknowledging "the existence of obligations under the bank deposit agreements between the applicant and the Savings Bank". The court continued:
"According to telegram No. 26-3-2/281a of the Central Bank of Russia dated 22 December 1997, branches of the Chechen Savings Bank were closed by virtue of a decision of the Management Board of the Savings Bank of Russia. These branches were removed from the State Register of Lending Agencies.
...
It is clear from the case file that all the branches of the Savings Bank of Russia in the territory of the Chechen Republic were wound up, and powers of attorney issued to the managers of [these branches] were revoked and annulled.
The aforementioned circumstances are confirmed by decision No. 127 of the Manage



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