, deeming them insufficient, and had stated that he had been prepared to resolve the issue only on condition that he would be paid compensation equal to 19,282 United States dollars (USD).
II. Relevant domestic law
24. In August 1996 the President of the Management Board of the Savings Bank of Russia (Председатель правления Сберегательного Банка России) ordered that all operations in respect of deposits with the Chechen Savings Bank be suspended until further notice.
25. By virtue of decision No. 127 of the Management Board of the Savings Bank of Russia dated 16 December 1996, the branches of the Savings Bank of Russia in the territory of the Chechen Republic were wound up and removed from the State Register of Lending Agencies. Powers of attorney issued to the managers of those branches were revoked and annulled.
26. By section 12 of decree No. 117 on payment to certain categories of citizens of the Russian Federation in 2003 of preliminary compensation (compensation) in respect of deposits with the Savings Bank of the Russian Federation and certain insurance organisations, dated 19 February 2003, the Government of Russia entitled the former depositors of the Chechen Savings Bank to compensation for deposits they had made prior to 20 June 1991. In particular, individuals who lived outside the territory of the Chechen Republic could obtain compensation in those branches of the Savings Bank which had put them on the list of former depositors of the Chechen Savings Bank.
27. Section 15 of governmental decree No. 343 on payment to certain categories of citizens of the Russian Federation in 2004 of preliminary compensation (compensation) in respect of deposits with the Savings Bank of the Russian Federation and certain insurance organisations, dated 9 July 2004, reproduces the provisions of section 12 of decree No. 117 of 19 February 2003 concerning compensation for deposits made prior to 20 June 1991 in the territory of the Chechen Republic. It contains no provisions relating to deposits made after 20 June 1991.
THE LAW
I. The Government's preliminary objections
A. Non-exhaustion of domestic remedies
28. In their additional memorial on the merits of the case, the Government contended that the applicant had not lodged any claim with the national courts concerning payment of his deposits, their index-linking in line with inflation or the incorrect calculation of interest, and that therefore he had failed to exhaust the available domestic remedies. In the Government's submission, they had not raised this objection earlier because this part of the application had not been communicated to them.
29. The Court reiterates that at the judgment stage it will not take cognisance of pleas of non-exhaustion unless the respondent State has already raised them in its written or oral observations on the admissibility of the application (see, among other authorities, K. and T. v. Finland [GC], No. 25702/94, § 145, ECHR 2001-VII, and N.C. v. Italy [GC], No. 24952/94, § 44, ECHR 2002-X). In the present case, it was open to the Government to raise their objection regarding non-exhaustion of domestic remedies in respect of any part of the application which they considered relevant. However, in their observations on the admissibility of the present application they failed to do so. Moreover, the Court cannot discern any exceptional circumstances that could have dispensed the Government from the obligation to raise their preliminary objection before the adoption of the Chamber's admissibility decision of 17 January 2008 (see Prokopovich v. Russia, No. 58255/00, § 29, 18 November 2004).
30. Consequently, the Government are stopped at this stage of the proceedings from raising the preliminary objection of failure to use the domestic remedy. It follows that the Govern
> 1 2 3 ... 11 12 13 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
