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Постановление Европейского суда по правам человека от 26.03.2009 "Дело "Николенко (Nikolenko) против Российской Федерации" [рус., англ.]





ow by means of a first-priority queue (в первоочередном порядке). The court dismissed the applicant's claim for discharge because this matter was within the authority of her unit, not that of the Director. This judgment became binding on 25 October 2006.
11. To enforce the judgment, in November 2006 the logistics department of the Service sent to the applicant's unit a list of documents necessary for putting her in the queue. In February 2007 the unit provided a part of these documents. In May 2007 the logistics department reminded the applicant that to complete her file she had to provide further documents, among them an extract from the register of tenants, her children's birth certificates, and proof of entitlement to privileges. In September 2007 the applicant completed the file, and on 2 November 2007 the housing commission of the Service put the applicant's family in the first-priority housing queue.

II. Relevant domestic law

12. Under section 23 § 1 of the Federal Law on the Status of Servicemen, servicemen who have served ten years and more and whose housing needs to be improved, cannot be discharged against their will without the provision of such housing.
13. According to the Ruling of the Constitutional Court 322-O of 30 September 2004, after expiry of a serviceman's contract and in the absence of his written agreement to discharge without provision of housing, he should be considered as serving voluntarily only until the provision of housing.

THE LAW

I. Alleged violation of Article 6 § 1 of the Convention
and of Article 1 of Protocol No. 1 on account of
supervisory review

14. The applicant complained under Article 6 of the Convention about the supervisory-review quashing of the judgment of 15 March 2004. The Court will examine this complaint under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. Insofar as relevant, these Articles 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.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."

A. Admissibility

15. The Government argued that this complaint was inadmissible. Article 6 had not applied to the proceedings in question because they had concerned military service. The supervisory review had been compatible with the Convention because it had been lawful under domestic law and had been meant to correct judicial mistakes. The reasons cited by the supervisory-review court had justified the quashing. The domestic procedure had been respected. Civil procedure of other countries, for example Austria, Germany, and Switzerland had also allowed for the annulment of binding judgments. Besides, the Council of Europe had been satisfied with reforms of the supervisory-review procedure.
16. The applicant maintained her complaint.
17. The Court reiterates that Article 6 does apply to cases similar to the case at hand (see Tetsen v. Russia, No. 11589/04, § 18, 3 April 2008).
18. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must t



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