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Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Светлана Орлова (Svetlana Orlova) против Российской Федерации" [рус., англ.]





loyers concerning the periods of her employment with them and positions occupied.
27. On 1 March 2006 the District Court examined the applicant's claim and found that she had abused her rights when she had refused to accept the positions offered to her in the Supreme Court of RA, and dismissed her claims.
28. On 4 April 2006 the Krasnodar Regional Court ("the Regional Court") upheld that judgment.

E. Supervisory review and fifth examination of the case

29. On 17 October 2007 the Presidium of the Regional Court examined an application by the Deputy Prosecutor General of the Russian Federation for supervisory review of the decisions adopted in the applicant's case. The Presidium held that it was the applicant's right to refuse positions with a lower salary and that it could not be considered an abuse of rights. It also pointed out that the dismissal on an employer's initiative of women with children under three years old was forbidden by Article 170 of the Labour Code (see "Relevant Domestic Law" below, § 34), unless the enterprise had been fully liquidated. Since the Supreme Court of the RA had not been liquidated, the dismissal of the applicant, who had a small child, had been unlawful and unacceptable.
The Presidium quashed the judgment of 1 March 2006, as upheld on 4 April 2006, and remitted the case to the District Court for a fresh examination.
30. On 7 December 2007, after a fresh examination, the District Court dismissed the applicant's claim in the part concerning her reinstatement. It granted her claim in the part relating to compensation for pecuniary and non-pecuniary damage.
31. On 12 February 2008 the Regional Court examined appeals by the applicant and the prosecutor against the judgment of 7 December 2007, found that the judgment was unlawful and quashed it. The court held that since the applicant's claims for compensation for pecuniary and non-pecuniary damage were closely linked with her claim for reinstatement, the relevant circumstances could not be established by the appeal court and it was necessary to refer the case to the District Court for a fresh examination.

F. Sixth examination of the case

32. On 6 May 2008 the District Court examined the case anew and found that the applicant's dismissal had been unlawful. It ordered that the applicant be reinstated to her position and recovered in her favour 1,101,000 Russian roubles (RUB) in respect of unpaid salary. It dismissed her claims for compensation for non-pecuniary damage. The judgment acquired legal force on 19 May 2008.
33. By a decision of 13 May 2008 the District Court corrected an error in the judgment of 6 May 2008 and held that the defendant had to pay the applicant RUB 791,028 in salary arrears. That decision became final on 26 May 2008.

II. Relevant domestic law

34. Russian Labour Code, which was in force until 1 February 2002, provided in Article 170 that the dismissal on an employer's initiative of women with children under three years old was forbidden, unless the enterprise had been fully liquidated.

THE LAW

I. Alleged violations of Articles 6 and 13 of the Convention

35. The applicant complained under Article 6 that the Supreme Court of the RA, which heard her appeals against the judgments of 20 August 2001, 16 April and 2 July 2003, was not impartial and independent because it was a defendant in the case. She further complained under Articles 6 and 13 that she had been deprived of access to a court because on 1 March 2006 the District Court dismissed her claim on the ground of abuse of her rights. She also complained under Article 6 that the domestic courts did not examine her claim within a reasonable time.
The relevant part of Article 6 of the C



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