ning of proceedings merely for the purpose of a rehearing and a fresh decision of the case. The power of the higher courts to quash or alter binding and enforceable judicial decisions should be exercised only for the correction of fundamental defects. The mere possibility of two views on the subject does not constitute grounds for re-examination. Departures from that principle are justified only when made necessary by circumstances of a substantial and compelling character (see, mutatis mutandis, Ryabykh v. Russia, No. 52854/99, § 52, ECHR 2003-X, and Pravednaya v. Russia, No. 69529/01, § 25, 18 November 2004).
22. The Court observes that Article 6 § 1 secures to everyone the right to have any claim relating to his civil rights and obligations brought before a court or tribunal. In this way it embodies the "right to a court", of which the right of access, that is the right to institute proceedings before courts in civil matters, constitutes one aspect. However, that right would be illusory if a Contracting State's domestic legal system allowed a final and enforceable judicial decision to be quashed by a higher court merely on the ground of disagreement with the assessment made by lower courts, with a view to carrying out a fresh examination (see Kot v. Russia, No. 20887/03, §§ 27 - 30, 18 January 2007, and Zvezdin v. Russia, No. 25448/06, § 28, 14 June 2007).
23. In the present case the judgment of 25 July 2003 in the applicant's favour was set aside on 19 November 2003 by way of a supervisory review on the grounds that the Military Court of the Ryazan Garrison had incorrectly applied the substantive law. The Court has to assess whether the power to conduct a supervisory review was exercised by the authorities so as to correct a fundamental error.
24. The Court reiterates that a binding and enforceable judgment should be quashed only in exceptional circumstances rather than for the sole purpose of obtaining a different decision in the case. In the Russian legal system, the grounds for quashing or altering judgments through appeal courts largely overlap with those for quashing or altering judgments by way of supervisory review (compare Article 362 § 1 (4) and Article 387 of the Code of Civil Procedure). The judgment of 25 July 2003 was quashed by way of supervisory review because of the incorrect application of the substantive law. That defect could have been rectified in appeal proceedings. Thus, a situation where a final judgment in the applicant's favour was called into question could have been avoided, had the military unit lodged an ordinary appeal within the statutory ten-day time-limit.
25. The Court notes that the military unit failed to exercise its right to lodge an ordinary appeal and permitted the statutory ten-day time-limit to expire without challenging the judgment of 25 July 2003. Instead, it applied for supervisory review after the judgment in the applicant's favour had become binding and enforceable.
26. Having regard to these considerations, the Court finds that, by granting the respondent's request to set aside the judgment of 25 July 2003, the Presidium of the Military Court of the Moscow Command infringed the principle of legal certainty and the applicant's "right to a court" under Article 6 § 1 of the Convention. There has accordingly been a violation of that Article.
2. Article 1 of Protocol No. 1
(a) Admissibility
27. The Court observes that the Government contested the applicability of Article 1 of Protocol No. 1 on the grounds that the applicant did not have a "possession" within the meaning of that Convention provision. In this connection, the Court notes that it has already on a number of occasions found that the existence of a debt confirmed by a binding and enforceable judgment constitutes the judgment beneficiary's "possession" within the meaning of Article 1 of
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