lue.
15. An expert conclusion is not binding upon the court, and shall be evaluated by the court according to the rules stated in Article 67 of this Code. If the court disagrees with the expert conclusion, it shall explain its reasons in its decision (Article 86 § 3 of CCP). In case of doubt as to the accuracy or reasonableness of the expert conclusion, a court may order a second expert opinion to be prepared by other experts (Article 87 § 2 of CCP).
16. Resolution No. 9 of the Plenary Supreme Court of the Russian Federation of 25 October 1996 on application by the courts of the Family Code of the Russian Federation to cases concerning paternity and maintenance provides that in order to establish paternity the court may, if necessary, order a forensic examination. Under Article 86 § 3 of the CCP, the experts' conclusion regarding a child's descent, including a DNA test, is evidence that must be weighed together with other evidence (Article 6).
THE LAW
I. Alleged violation of Article 8 of the Convention
17. The applicant complained under Articles 6 and 8 of the Convention that the domestic courts failed to establish the paternity of her daughter's biological father regardless of the results of the DNA test. The Court considers that this complaint falls to be examined under Article 8 of the Convention, which reads as follows:
"1. Everyone has the right to respect for his private and family life...
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
A. Admissibility
18. The Government contended that the applicant had not exhausted domestic remedies as required by Article 35 § 1 of the Convention because she had failed to lodge an application for supervisory review with the Supreme Court.
19. The Court notes, firstly, that the applicant did in fact apply for a supervisory review, but was unsuccessful (see paragraph 12 above). It reiterates that an application for supervisory review is not a remedy that has to be exhausted under Article 35 § 1 of the Convention (see Shulepov v. Russia, No. 15435/03, § 23, 26 June 2008). Therefore, the Government's objection as to the non-exhaustion of domestic remedies must be dismissed.
20. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
1. Parties' submissions
(a) The applicant
21. The applicant insisted that the DNA test had been carried out in the Bureau of forensic medical examinations at the Astrakhan Regional Health Department in strict accordance with the procedure prescribed by law. That was why she had not had any reason to believe that the result would be doubted and to request an additional expert examination.
22. She further noted that Article 87 § 2 of the RF Code of Civil Procedure clearly provided that in case of doubt as to the accuracy of the expert examination it was up to the court to order a second expert report. The law did not impose a duty on the parties to request such a report, and the court had to do that on its motion in order to solve the paternity dispute.
23. The applicant stressed that the Kirovskiy Court had had clear and convincing evidence of A.'s paternity, but had failed to give due consideration to all the circumstances of her case and
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