Постановление Европейского суда по правам человека от 23.04.2009 "Дело "Сибгатуллин (Sibgatullin) против Российской Федерации" [рус., англ.]

w however the applicant was no longer a victim of the shortcomings of the first appeal hearing, because by quashing the appeal decision and sending the case for a fresh appeal examination the authorities had acknowledged and provided appropriate redress for the shortcomings of the first appeal hearing.
4. Our reasoning therefore differs from the majority's approach and we would like to refer in this respect to our joint concurring opinion in Sakhnovskiy and in particular to paragraph 5 of that opinion.






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