Постановление Европейского суда по правам человека от 02.04.2009 "Дело "Кузьмина (Kuzmina) против Российской Федерации" [рус., англ.]

court for the post or category of staff in question. Secondly, the exclusion must be justified on objective grounds in the State's interest. The mere fact that the applicant is in a sector or department which participates in the exercise of power conferred by public law is not in itself decisive. In order for the exclusion to be justified, it is not enough for the State to establish that the civil servant in question participates in the exercise of public power or that there exists, to use the words of the Court in the Pellegrin judgment, a "special bond of trust and loyalty" between the civil servant and the State, as employer. It is also for the State to show that the subject matter of the dispute in issue is related to the exercise of State power or that it has called into question the special bond. Thus, there can in principle be no justification for the exclusion from the guarantees of Article 6 of ordinary labour disputes, such as those relating to salaries, allowances or similar entitlements, on the basis of the special nature of relationship between the particular civil servant and the State in question. There will, in effect, be a presumption that Article 6 applies. It will be for the respondent Government to demonstrate, first, that a civil-servant applicant does not have a right of access to a court under national law and, second, that the exclusion of the rights under Article 6 for the civil servant is justified." (see Vilho Eskelinen and Others v. Finland [GC], No. 63235/00, 19 April 2007, § 62)
17. Turning to the facts of the present case, the Court notes that the applicant had access to a court under national law. She made use of her right and introduced an action against her employer. The Military Court of the Ryazan Garrison examined the applicant's claims and accepted them, awarding the applicant a daily allowance for her service abroad and compensation for legal costs. After the final judgment of 25 July 2003 had been quashed by way of supervisory review, the applicant's claims were once again re-examined and dismissed. Neither the domestic courts nor the Government indicated that the domestic system barred the applicant's access to a court. Accordingly, Article 6 is applicable (see Vilho Eskelinen, cited above, § 63, and, for a similar context in a Russian case, Dovguchits v. Russia, No. 2999/03, § 33, 7 June 2007).
18. The Court further notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and is not inadmissible on any other grounds. It must therefore be declared admissible.
(b) Merits
19. The Government pointed out that the aim of the application of the supervisory review procedure in the present case was to correct judicial errors. The applicant's case clearly did not call for any payment of a daily allowance and the supervisory review court had to give a proper explanation and an appropriate legal interpretation of the matter in dispute for the purpose of delivering a fair and lawful judgment and for the purpose of securing the correct application of the relevant domestic law in future similar cases. There had therefore been no violation of the principle of legal certainty.
20. The Court observes that the right to a fair hearing before a tribunal as guaranteed by Article 6 § 1 of the Convention must be interpreted in the light of the Preamble to the Convention, which declares, in its relevant part, the rule of law to be part of the common heritage of the Contracting States. One of the fundamental aspects of the rule of law is the principle of legal certainty, which requires, among other things, that where the courts have finally determined an issue, their ruling should not be called into question (see {Brumarescu} v. Romania, 28 October 1999, § 61, Reports of Judgments and Decisions 1999-VII).
21. This principle states that no party is entitled to seek the re-ope



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