, and Melnik v. Ukraine, No. 72286/01, §§ 61 - 63, 28 March 2006).
II. Alleged violation of Article 6 of the Convention
and Article 1 of Protocol No. 1 on account of the
non-enforcement of the judgment of 10 March 1999
29. The applicant complained that the judgment of 10 March 1999 had not been enforced. The Court considers that this complaint falls to be examined under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (see Burdov v. Russia, No. 59498/00, § 26, ECHR 2002-III). The relevant parts of these provisions read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing ... by [a] ... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law..."
A. Submissions by the parties
30. The Government submitted that the applicant had failed to challenge the application of the moratorium on the execution of the Bank's creditors' demands. In particular, he could have lodged a complaint before the Constitutional Court of the Russian Federation or the Moscow City Commercial Court, but he failed to make use of either of the avenues. In the Government's view the complaint should therefore be dismissed for a failure to exhuast domestic remedies. In the alternative, relying on the case of Shestakov v. Russia ((dec.), No. 48757/99, 18 June 2002), they argued that the State could not guarantee the repayment of the financial liabilities of a private bank, particularly in a situation of major financial crisis. The enforcement proceedings against the private bank SBS-AGRO were discontinued in July 2001 due to the Bank's insolvency and the applicant was notified of the discontinuation in September 2001. The State's responsibility for the enforcement of a judgment against a private entity ended on the date the enforcement proceedings were discontinued.
31. The applicant averred that the judgment of 10 March 1999 had been unlawfully quashed by way of a supervisory review and that it had not been enforced.
B. The Court's assessment
32. The Court reiterates that on 10 March 1999 the applicant obtained a judgment against the Bank by which he was to be paid a certain sum of money. The judgment was not appealed against and became binding and enforceable. On an unspecified date the Presidium of the Voronezh Regional Court quashed the judgment by way of a supervisory review and sent the case for fresh examination, as a result of which, on 29 February 2000, the District Court issued a new judgment in the applicant's favour.
33. The Court reiterates that, in accordance with Article 35 § 1 of the Convention, it may only examine complaints in respect of which domestic remedies have been exhausted and which have been submitted within six months from the date of the "final" domestic decision. If there is no adequate remedy against a particular act, which is alleged to be in breach of the Convention, the date when that act takes place is taken to be "final" for the purposes of the six-month rule (see, e.g., {Valasinas} v. Lithuania (dec.), No. 44558/98, 14 March 2000).
34. It was uncontested by the parties that at the material time the Russian law of civil procedure did not provide for any ordinary appeal against a decision in which the final judgement had been quashed by way of a supervisory review. In the absence of an effective remedy the Court concludes that it was the very act of quashing the final judgment of 10 March 1999 that triggered the start of the six-month time-limit f
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