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

epaid for a long time and that his savings had suffered a significant depreciation because of inflation. The respective Article reads as follows:
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."

A. Submissions by the parties

1. The applicant

37. The applicant insisted that his property right secured by Article 1 of Protocol No. 1 had been violated. He argued that between 1995 and 2004, when the Government adopted decree No. 343 (see paragraph 27 above), he had been denied any access to his deposits.
38. The applicant did not dispute the Government's argument that he was now entitled to have all his deposits repaid, but argued that by virtue of decree No. 343 the amount of his savings, with compensation, would only be equal to RUB 1,054, corresponding to USD 37.40, whereas between 1990 and 1992 he had deposited an amount corresponding at that time to USD 14,832. In the applicant's submission, taking into account an interest rate of 3 - 4% per annum, he should have received a total sum of RUB 558,129.99 (approximately EUR 13,000) if his deposits had been paid to him in October 2000, when the Gagarinskiy District Court of Moscow had delivered its judgment. He further submitted that at present the total sum of his deposits should be equal to RUB 1,112,836.81 (approximately EUR 25,400).

2. The Government

39. The Government submitted that the activities of the Chechen Savings Bank had been suspended in August 1996 in view of the difficult political, economic and social situation in Chechnya, and that it had been impossible to resume the activity of the bank, as it had sustained significant pecuniary damage and had lost a considerable number of its primary documents and official seals, which could have enabled the falsification of claims concerning the reimbursement of deposits made with it. In such circumstances, in December 1996 the Management Board of the Savings Bank of Russia had taken a decision to wind up the Chechen Savings Bank. The Government thus argued, referring to these facts, that the Savings Bank of Russia had had no real opportunity to restore the applicant's savings deposited in the Chechen Savings Bank and transfer them to the Moscow branch of the Savings Bank of Russia and that it had had no intention of depriving the applicant of his possessions.
40. The Government further claimed that the Russian authorities, along with the Savings Bank of Russia, took steps aiming at identifying depositors of the Chechen Savings Bank with a view to repaying their deposits. In particular, in 2001 - 2002 the authorities had made a list of former depositors of the Chechen Savings Bank who had produced their savings books, and the applicant had been free to register himself on that list. The Government also submitted that it was now open to the applicant to receive his deposits and the accrued interest in any branch of the Savings Bank of Russia, on condition that he made an application and submitted his savings books. They also stated that under governmental decree No. 343 of 9 July 2004 the applicant could be entitled to compensation for inflation losses in respect of his deposits made prior to 20 June 1991. The Government did not reply to the Court's question whether the applicant was entitled to any compensation in respect of his deposit made on 20 February 1992.
41. The Governme



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