Постановление Европейского суда по правам человека от 15.01.2009 "Дело "Менчинская (Menchinskaya) против Российской Федерации" [рус., англ.]

Relevant domestic law

16. The Civil Code of the Russian Federation provides that for the use of monetary assets belonging to another person, as a result of their unlawful withholding, or the failure to pay them back... [statutory] interest should be paid. ...The amount of that interest is defined as the refinancing rate [of the Central Bank of Russia]... applicable in the place of residence of the creditor... on the day of the execution of the monetary obligation (Article 395).
17. The RSFSR Code of Civil Procedure (in force at the material time) reads as follows:
Article 41. Participation of a prosecutor in the proceedings
"A prosecutor may bring to a court a claim for the protection of rights and lawfully protected interests of other persons or enter the proceedings at any stage, if it is required for the protection of State or public interests or rights and lawfully protected interests of citizens...
The prosecutor who participates in the proceedings may study the case materials, bring challenges, produce evidence, take part in the examination of evidence, lodge applications, state his opinion on issues arising in the course of the proceedings and on the merits of the case as a whole, as well as perform other procedural actions provided for by law..."
Article 282. The right to lodge appeals to the court of cassation
"Judgments of all courts in the RSFSR may be appealed against to the court of cassation by the parties and other persons who took part in the litigation.
A prosecutor or his or her deputy lodges an appeal against an unlawful or unjustified judicial decision, irrespective of whether he or she took part in the case..."
18. The Prosecutor's Offices Act (Федеральный закон "О прокуратуре Российской Федерации"), No. 2202-I of 17 November 1992, as in force at the material time, provides:
Section 1. Prosecutor's Office of the Russian Federation
"...3. In accordance with the procedural legislation of the Russian Federation, prosecutors shall participate in the hearing of cases by courts of law and commercial courts (hereinafter referred to as the "courts") and shall challenge any court decisions, sentences and rulings which are contrary to the law..."
Section 35. Prosecutor's participation in court hearings
"1. The prosecutor shall take part in court hearings in the cases provided for by the procedural legislation of the Russian Federation and other federal laws...
3. The prosecutor, in accordance with the procedural legislation of the Russian Federation, shall be entitled to make an application to the court or to enter the case at any stage of the proceedings, if the protection of civil rights and lawful interests of society or the state so requires..."
Section 36. Appealing against court decisions
"1. Prosecutors or their deputies, within the scope of their powers, shall lodge cassation or private appeals or appeals in exercise of supervisory power with higher courts, and appeals or applications for reviews or appeals in exercise of supervisory power against an unlawful or unfounded court decision, sentence or ruling with commercial courts. Prosecutor's assistants and prosecutors of directorates or divisions may lodge appeals only in cases in the hearing of which they themselves have participated..."

III. Relevant Council of Europe documents

19. The relevant part of the Parliamentary Assembly's Resolution 1604 (2003) On the Role of the Public Prosecutor's Office in a Democratic Society Governed by the Rule of Law reads as follows:
"it is essential:
a. that any role for prosecutors in the general protection of human rights does not give rise to any conflict of interest or act as a deterrent to individuals seeking state protection of their rights;
b. t



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