not deprive the applicant of his right as a parent to communicate with the child (see paragraphs 30 and 39 as well as the relevant domestic law section above).
100. The Court would also take note of the fact that by decision of the Kirov Regional Court dated 28 December 2004 the custody of A. was transferred from her adoptive parents to the local Custody and Guardianship Agency and also placed restrictions on the adoptive parents' parental rights pursuant to Article 74 of the Family Code. The Court observes, however, that this decision too did not deprive the applicant of his right to communicate with the child, as Article 75 of the Code provides for a parent's right to maintain contacts with the child on condition that they would not have any negative impact on the child. This was also acknowledged by the District Court in its decision of dated 23 November 2004 in which it noted that "the parents still enjoy[ed] parental rights until otherwise determined by a final court decision".
101. The Court finds that no apparent reason justified the refusal of the applicant's requests to see his daughter either before or after the decision of 28 December 2004 and indeed the authorities failed to provide any specific reasons for the refusal (see paragraph 42 above). In this context, the Court also finds relevant the finding of the Pervomayskiy District Court which specifically noted the lack of any indication that the parents had "deliberately harmed the girl's physical or psychological health" (see paragraph 60 above) and the conclusion of the Kirov Regional Court which also mentioned that it had been "unable to establish" any "evidence of deliberate conduct by the adoptive parents either before 23 October 2003 or after 11 December 2003 which would be contrary to the child's interests".
102. In view of the above considerations and notwithstanding Russia's margin of appreciation, the Court finds that there was a breach of Article 8 on account of the severe and unjustified restrictions imposed by the authorities on the applicant's access to A. between 11 December 2003 and 25 January 2005.
(b) 26 January - 2 November 2005
103. As regards the alleged lack of access to A. during the period between 25 January and 25 March 2005, the Court is inclined to accept the Government's explanation as from the case file materials it indeed transpires that the access to the foster home was restricted due to an influenza quarantine. It did not last an unreasonably long time and, in addition, the applicant was allowed to come and see A. through the glass window on a weekly basis both in February and March (the visits took place on 4, 11, 18, 25 February and 2, 4, 11 and 11 March 2005). Likewise, after the influenza quarantine was lifted on 25 March and until 2 November 2005 when A. was returned to the applicant and his wife, the applicant was allowed to visit A. on a weekly basis each time for around an hour. During most of those meetings the applicant, sometimes accompanied by his wife and his counsel, also had an opportunity to see both A's paediatrician and her tutor as well as to pass sweets, clothes and other things to A.
104. In the circumstances of the present case and regard being had to the State's margin of appreciation, the Court is of the view that there was no violation of Article 8 on account of the restrictions imposed by the authorities on the applicant's access to A. in respect of the period between 26 January and 2 November 2005.
II. Application of Article 41 of the Convention
105. 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 satisfactio
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