by a Russian national, Mr Vladimir Vladimirovich Kravchenko ("the applicant"), on 9 September 2002.
2. The applicant was represented by Mr S. Ronshin and Mr V. Shakhlarov, lawyers practising in the Voronezh Region. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that the quashing of a final judgment in his favour had violated his "right to a court" and his right to peaceful enjoyment of possessions.
4. On 29 April 2005 the President of the First 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 1960 and lives in Voronezh.
A. Proceedings against the SBS-AGRO Bank
6. In August 1998 the applicant deposited 40,000 US dollars (USD) for three months with a private bank "SBS-AGRO" (hereafter - "the Bank"). Following the Bank's refusal to return the deposit, the applicant sued the Bank for the deposit, interest and compensation for non-pecuniary damage. According to the Government, the Bank's refusal to return the deposit was caused by a major financial crisis which had occurred in the Russian Federation in the summer of 1998 and which had led to the Bank's inability to return money to its more than 1.2 million creditors.
7. In September 1998 the Central Bank of Russia adopted a programme aimed at the protection of deposits made by private individuals with private banks. In line with measures adopted, the Bank signed an agreement with the Russian Savings Bank. Under the terms of the agreement, the Bank transferred its liabilities to the Russian Savings Bank which, in its turn, undertook to repay deposits made in US dollars at the exchange rate of 9.33 Russian roubles for 1 US dollar. On 28 December 1998 the Bank, through a division of the Russian Savings Bank, paid the applicant 373,204 Russian roubles (RUB).
8. On 10 March 1999 the Zheleznodorozhniy District Court of Voronezh found that the applicant had not consented to the liability transfer. However, taking into account that he had already been repaid a part of the deposit, the District Court ordered that the Bank should repay the applicant USD 30,919.40 and that it should also pay him annual interest starting from the date of the pronouncement of the judgment. The District Court dismissed the claim for compensation for non-pecuniary damage. The judgment was not appealed against and became final on 22 March 1999. A month later the Moscow bailiffs' office instituted enforcement proceedings.
9. On an unspecified date the Presidium of the Voronezh Regional Court, acting on an application for a supervisory review, quashed the judgment of 10 March 1999 and sent the case for a fresh examination.
10. On 29 February 2000, following the re-examination of the applicant's action, the Zheleznodorozhniy District Court awarded him USD 20,841.68 in main debt, interest thereon and USD 2,853.73 in compensation for damage. That judgment was not appealed against and became final.
B. General developments in the course
of the enforcement proceedings instituted
against the SBS-AGRO Bank
11. By the end of March 1999 over 2,000 enforcement claims were pending against the Bank, with an additional 70 - 80 claims added every week.
12. On 16 August and 15 September 1999 the Central Bank of Russia declared a moratorium until 17 November 1999 on the execution of all creditors' demands against the Bank. On 16 November 1999 the management of the Bank was taken over temporarily by th
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