el could be summoned to the hearing to make submissions. If summoned to the hearing, the convicted person, the victim and their counsel were to have the opportunity to familiarise themselves with the application for supervisory review and written submissions in reply. At the hearing, the case was to be presented by a judge rapporteur, following which the parties, if present, were to be entitled to make oral submissions.
26. Articles 342 and 379 of the CCP identify grounds for quashing or amending earlier judgments. In particular, such judgments were to be quashed or modified if a court performing the supervisory review had found that the judgments were unlawful or groundless; or if the pre-trial and judicial investigation had been one-sided and inadequate; or if the lower-instance courts had come to conclusions which did not correspond to the facts of the case; or if the courts had violated criminal procedural law or had incorrectly applied criminal law; or if the sentence did not correspond to the gravity of the crime and the character of the convicted person.
THE LAW
I. Alleged violation of Articles 6 of the Convention
and Article 1 of Protocol No. 1
27. The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 that the act of quashing of the final judgment of 15 July 2002, as amended on 12 September 2002, had violated her "right to a court" and her right to peaceful enjoyment of possessions. 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
28. The Government argued that the Presidium of the Tomsk Regional Court had quashed the judgments of 15 July and 12 September 2002 in order to correct the judicial error committed by the District and Regional courts. The guilt of the applicant's former husband in having assaulted the applicant had not been proven. The supervisory review proceedings had been instituted by the President of the Regional Court upon Mr Ch.'s and his counsel's applications in compliance with the relevant provisions of the RSFSR Code of Criminal Procedure. The Government insisted that the quashing of the final judgments had pursued the legitimate aim of correcting the fundamental judicial defect.
29. The applicant averred that the quashing of the final judgment in her case had irremediably impaired the principle of legal certainty and had deprived her of the right to receive compensation for damage caused by her former husband.
B. The Court's assessment
1. Article 6 § 1 of the Convention
(a) General principles
30. The Court reiterates that the right to a fair hearing before a tribunal as guaranteed by Article 6 § 1 of the Convention must be interpreted in the light of the Preamble to the Convention, which declares, in its relevant part, the rule of law to be part of the common heritage of the Contracting States. One of the fundamental aspects of the rule of law is the principle of legal certainty, which requires, among other things, that where the courts have finally determined an issue, their ruling should not be called into question (see {Brumarescu} v. Romania, judgment of 28 October 1999, Reports of Judgments and Decisions 1999-VII, § 61).
31. This principle insists that no party is entitled to seek reopening of proceedings merely
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