ounts to an interference with his or her right to peaceful enjoyment of possessions (see, among other authorities, Androsov v. Russia, No. 63973/00, § 69, 6 October 2005).
52. The Court observes that the final and enforceable judgment by which the applicant had been awarded a sum of money was quashed by way of a supervisory review on 15 May 2002. The applicant's claim was sent for re-consideration, following which the Voronezh Regional Court, in the final instance, discontinued the proceedings because the ARKO had ceased to exist. Thus, the applicant was prevented from receiving the initial award through no fault of his own. The quashing of the enforceable judgment frustrated the applicant's reliance on the binding judicial decision and deprived him of an opportunity to receive the money he had legitimately expected to receive. In these circumstances, the Court considers that the quashing of the enforceable judgment of 17 December 2001, as upheld on appeal on 19 February 2002, by way of supervisory review placed an excessive burden on the applicant and was incompatible with Article 1 of Protocol No. 1. There has therefore been a violation of that Article.
IV. Application of Article 41 of the Convention
53. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
A. Damage
54. The applicant claimed the repayment of the judgment debt owed to him by the ARKO. He further claimed 348,665.19 Russian roubles (RUB) representing interest on the judgment debt and 10,000 US dollars (USD) in respect of non-pecuniary damage.
55. The Government submitted that the judgment debt was to be paid by a private bank and not by State bodies. They further submitted that the applicant did not claim any compensation for alleged violations of his rights pertaining to the quashing of the judgment of 17 December 2001. As to the applicant's claims in respect of non-pecuniary damage, in the Government's opinion they were excessive and manifestly ill-founded.
56. The Court observes that in the present case it has found a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 in that the final judgment in the applicant's favour had been quashed by way of a supervisory review and that the applicant had not been able to receive the judgment award as a result of the quashing of a decision in his favour. The Court notes that the most appropriate form of redress in respect of a violation of Article 6 is to ensure that the applicant is put, as far as possible, in the position he would have been had the requirements of Article 6 not been disregarded (see Piersack v. Belgium (Article 50), judgment of 26 October 1984, Series A No. 85, p. 16, § 12, and, mutatis mutandis, {Gencel} v. Turkey, No. 53431/99, § 27, 23 October 2003). The Court finds that in the present case this principle applies as well, having regard to the nature of the violations found (cf. Stetsenko v. Russia, No. 878/03, § 69, 5 October 2006 and Stanislav Volkov v. Russia, No. 8564/02, § 40, 15 March 2007). The Court therefore considers it appropriate to award the applicant the sum which he would have received had the judgment of 17 December 2001, as upheld on appeal on 19 February 2002, not been quashed.
57. As to the claim in respect of interest on the judgment debt, the Court notes that the applicant has not submitted any document to substantiate his method of calculation of the sum of the interest. The Court therefore dismisses the claim.
58. The Court further considers that the applicant must have suffered distress and frustration resulting from the
> 1 2 3 ... 17 18 19
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
