Постановление Европейского суда по правам человека от 29.01.2009 "Дело "Червоненко (Chervonenko) против Российской Федерации" [рус., англ.]

банка, действующей в период неуплаты, плюс три процента;
4) отклонил оставшуюся часть требований заявителя о справедливой компенсации.

Совершено на английском языке, уведомление о Постановлении направлено в письменном виде 29 января 2009 г. в соответствии с пунктами 2 и 3 правила 77 Регламента Суда.

Председатель Палаты Суда
Пэр ЛОРЕНСЕН

Секретарь Секции Суда
Клаудия ВЕСТЕРДИК





EUROPEAN COURT OF HUMAN RIGHTS

FIFTH SECTION

CASE OF CHERVONENKO v. RUSSIA
(Application No. 54882/00)

JUDGMENT <*>

(Strasbourg, 29.I.2009)

--------------------------------
<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Chervonenko v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President,
Rait Maruste,
Karel Jungwiert,
Anatoly Kovler,
Renate Jaeger,
Mark Villiger,
Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 6 January 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 54882/00) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Filipp Viktorovich Chervonenko ("the applicant"), on 17 January 2000.
2. The applicant, who had been granted legal aid, was represented by Ms K. Kostromina and Ms K. Moskalenko, lawyers practising in Moscow. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that the supervisory review conducted in the present case had violated his rights under Article 6 of the Convention and Article 4 of Protocol No. 7 to the Convention.
4. By a decision of 25 September 2006, the Court declared the application partly admissible.
5. The Government, but not the applicant, filed further written observations (Rule 59 § 1).

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1958 and lives in Moscow.
7. On 2 June 1996 the applicant had a quarrel with his neighbours and stabbed one of them with a screwdriver causing him fatal injury. On an unspecified date criminal proceedings were instituted against the applicant. He was charged under Article 108 § 2 of the RSFSR Criminal Code (Уголовный кодекс РСФСР) with "deliberate infliction of physical injury leading to the victim's death".
8. On 29 September 1997 the Kuntsevskiy District Court of Moscow examined the case at first instance. It requalified the applicant's actions and found him guilty of "murder committed in circumstances where excessive force was used in self-defence" under Article 108 § 1 of the newly enacted Criminal Code of the Russian Federation (Уголовный кодекс РФ), which had entered into force on 1 January 1997. The court sentenced the applicant to a prison term of one year and eight months, which was calculated from 15 September 1996, when he was detained pending trial.
9. On 27 November 1997 the Moscow City Court upheld the judgment of 29 September 1997 at final instance.
10. While serving his sentence the applicant attempted to institute supervisory review



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