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





onvention provides:
"In the determination of his civil rights and obligations..., everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law".
Article 13 of the Convention provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. Admissibility

36. Regarding the applicant's complaint about the lack impartiality of the Supreme Court of the RA, the Court observes that on 7 October 2005 the Supreme Court of the Russian Federation found that there were doubts as to the impartiality of the Supreme Court of the RA, which was a defendant in the case, but also of the Town Court, which was subordinated to the Supreme Court of the RA. It held that in such circumstances the case should have been referred to a different court. The Supreme Court quashed the judgment of 2 July 2003, as upheld on 8 August 2003, and referred the case to the Sovetskiy District Court of Krasnodar. The final decision in the case was adopted on 6 May 2008.
37. The Court reiterates that "a decision or measure favourable to the applicant is not in principle sufficient to deprive him of his status as a "victim" unless the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the breach of the Convention" (see Dalban v. Romania [GC], No. 28114/95, § 4, ECHR 1999-VI). In the instant case, the Supreme Court of the Russian Federation explicitly acknowledged that the applicant's right to have her case heard by an impartial court had been infringed, quashed the decisions taken in the case and referred the case to a court situated in a different region. Furthermore, it was not disputed that the subsequent proceedings fully complied with the guarantees of a fair trial. Therefore, having regard to the contents of the Supreme Court's decision of 7 October 2005, the Court finds that the national authorities have acknowledged, and then afforded redress for, the alleged breach of the Convention (see, for similar reasoning, Davidchuk v. Russia (dec.), No. 37041/03, 1 April 2008, with further references). It follows that the applicant can no longer claim to be a "victim" of the alleged violation of her right to have her case heard by an impartial tribunal within the meaning of Article 34 of the Convention and that this complaint must be rejected pursuant to Articles 34 and 35 §§ 3 and 4 of the Convention.
38. As regards the applicant's complaint about the alleged lack of access to a court, the Court observes that the judgment of 1 March 2006 was quashed by way of supervisory review on 17 October 2007. The domestic courts continued the examination of the applicant's claims on the merits and on 6 May 2008 they adopted the final decision in her case. Therefore, it cannot be said that the applicant was deprived of access to a court. It follows that this complaint is manifestly ill-founded and must be rejected pursuant to Article 35 §§ 3 and 4 of the Convention.
39. Regarding the applicant's complaint about the excessive length of the proceedings, the Court considers that it raises serious issues of fact and law and requires an examination on the merits. The Court finds that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

1. Period to be considered

40. The Court notes that the proceedings began on 17 July 2001, when the applicant lodged her action before the Town Court, and ended on 6 May 2008, when the District Court adopted



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