agreement dated 2 November 1998 between the OPIUMIK company and a Mr G for the purchase of 22,622 litres of fuel was produced before this court. It cannot be accepted as a proof of the lawfulness of the fuel acquisition because the content of that agreement does not correspond to the materials in the criminal case which had been discontinued. Nor does it correspond to Mr P's deposition in the criminal proceedings, to the invoice or the expert report No. 141-k of 17 February 1999 which stated that the handwritten inscriptions in invoice No. 983 of 1 August 1998 had been done by Mr P. The Court rejects as unfounded Mr P's allegation that the documents in the criminal file and his deposition had been obtained under duress. Besides, the Court considers that Mr P's and [the applicant's] arguments are intended to challenge the circumstances already determined by the final judgment of the commercial court, in particular as regards the lawfulness of the fuel acquisition by the company... The Court concludes that no evidence has been adduced to confirm [it]. The Court does not accept [the applicant's] argument that the commercial court had confirmed the lawfulness of the fuel acquisition; such matter had not been contested before the commercial court...
The grounds for compensation in respect of damage caused by the investigating authorities, including a claim for restitution of the fuel, are regulated by Articles 1069 and 1070 of the Civil Code. Those grounds were also examined by the commercial courts and cannot be subject to a re-examination in the present case. No legal relationship (обязательственные отношения) was established between [the applicant] on the one hand and the military unit, the Ministry of Defence or the Ministry of the Interior on the other. Hence, his claims... should be rejected."
Lastly, the court found that the applicant had missed the statutory time-limit under Article 256 of the Code of Civil Procedure for bringing the matter before the courts of general jurisdiction.
19. On 9 January 2004 the Amur Regional Court upheld the judgment. The court considered that the commercial court's judgment of 14 March 2002 had dismissed the applicant's claims, inter alia, due to his failure to produce evidence confirming the lawfulness of the fuel acquisition. Neither was the civil court provided with any proof that the company had had title to the fuel.
E. Other unrelated proceedings
20. A commercial court issued a private company with an enforcement order for a sum of money against a State-owned enterprise. The company did not submit the writ within the statutory time-limit and bailiffs refused to enforce the judgment. The company assigned the claim to the applicant, who then requested the commercial court to designate him as creditor in respect of the above judicial award and to restore the time-limit for lodging the enforcement order. In 2002 the commercial court rejected both requests. The applicant did not appeal.
21. The applicant also requested a court of general jurisdiction to designate him as creditor in respect of the assigned award and to award him compensation for the damage sustained. On 26 February 2003 the Primorye Regional Court, at final instance, disallowed the first claim because it had already been determined on 24 October 2002 by the final decision of the commercial court. On 12 March 2003 the Regional Court, at final instance, dismissed the claim for damages on the ground that the applicant's title had never been confirmed by a court.
II. Relevant domestic law and practice
A. Civil Code
22. The Civil Code of the Russian Federation, in force from 1 January 1995, provided as follows:
Article 1069 Responsibility for damage caused by State agencies, agencies of local self-government and their officials
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