Постановление Европейского суда по правам человека от 07.05.2009 «Дело Сивухин (Sivukhin) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIFTH SECTION

CASE OF SIVUKHIN v. RUSSIA
(Application No. 31049/05)

JUDGMENT <*>

(Strasbourg, 7.V.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 Sivukhin v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Rait Maruste, President,
Karel Jungwiert,
Anatoly Kovler,
Renate Jaeger,
Mark Villiger,
Isabelle {Berro-Lefevre} <*>,
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<*> Слово на национальном языке набрано латинским шрифтом и выделено фигурными скобками.

Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 14 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 31049/05) 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 Sergey Semenovich Sivukhin ("the applicant"), on 27 July 2005.
2. The applicant was represented before the Court by Ms T. Chernyak, a lawyer practising in Krasnodar. The Russian Government ("the Government") were represented by Ms V. Milinchuk and subsequently by Mr G. Matyushkin, Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that his right to a fair trial had been violated since the appeal court had heard his case in his absence.
4. On 5 March 2008 the President of the Fifth 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

I. The circumstances of the case

5. The applicant was born in 1946 and lives in Krasnodar.
6. In 1986 the applicant took part in the cleaning-up operation at the Chernobyl nuclear disaster site. He was subsequently granted Category 2 disability status and became entitled to various social benefits, including a 50% discount on housing charges.
7. In March 2004 the municipal housing maintenance authority lodged a claim against the applicant, seeking to recover unpaid housing charges.
8. On 31 March 2004 the applicant counterclaimed, seeking compensation in respect of non-pecuniary damage. He insisted that he had paid the housing charges on time and in full. The amount of the charges paid had been calculated to include the 50% discount to which he and his family were entitled.
9. On 26 July 2004 the Justice of the Peace of the 47th Court Circuit of the Prikubanskiy District of Krasnodar partly found against the applicant and ordered him to pay outstanding housing charges. It rejected the applicant's counterclaim, finding that by law only he, but not his family members, was entitled to the discount.
10. The applicant appealed against the judgment. He challenged the first-instance court's assessment of the facts and application of the legal provisions.
11. On 1 October 2004 the applicant's representative requested the Prikubanskiy District Court of Krasnodar to bring the Social Protection Department into the proceedings as a third party. The court granted this request and suspended the proceedings.
12. The appeal hearings were subsequently scheduled for 24 December 2004 and 21 Jan



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