Постановление Европейского суда по правам человека от 18.06.2009 «Дело Сокорев (Sokorev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SOKOREV v. RUSSIA
(Application No. 33896/04)

JUDGMENT <*>

(Strasbourg, 18.VI.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Sokorev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 28 May 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 33896/04) 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 Vladimir Viktorovich Sokorev ("the applicant"), on 12 August 2004.
2. The Russian Government ("the Government") were represented by Mr P. Laptev, the then Representative of the Russian Federation at the European Court of Human Rights.
3. On 12 October 2006 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

4. The applicant was born in 1964 and lives in the village of Bolshaya Rechka, Irkutsk Region.

A. Events prior to 5 May 1998

5. As an employee of a State-owned company, in 1987 the applicant and his family were granted a room in a shared flat. After his dismissal in 1992, the company sought his eviction. In 1993 the company was reincorporated as a limited liability company.
6. On 1 October 1993 the applicant brought proceedings against the company asserting his right to live in the room. According to the Government, the applicant's claim was received by the Sverdlovskiy District Court of Irkutsk on 12 November 1993. The respondent sought the applicant's eviction.
7. By a judgment of 1 February 1994, the District Court rejected the applicant's claim and ordered his eviction. On 13 April 1994 the Irkutsk Regional Court upheld the judgment. The applicant obtained a stay of execution of the eviction order. On 20 June 1994 the Presidium of the Regional Court quashed the above judgments by way of supervisory review and remitted the case for fresh examination.
8. Thereafter the District Court examined the case twice and rendered two judgments. Each time the Regional Court quashed the judgments and remitted the case for fresh examination. It appears that in the meantime the applicant resettled and the respondent company withdrew their claim for eviction.
9. On 5 May 1998 the Convention entered into force in respect of Russia.

B. Events after 5 May 1998

10. In yet another round of the resumed proceedings, the applicant confined his claim to asking the court to require the respondent to provide him with housing. By a judgment of 23 November 1998, the District Court granted this claim and ordered the company to provide the applicant with a flat. On 12 March 1999 the Regional Court upheld the judgment. The respondent



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