THIRD SECTION

CASE OF PARCHIYEV AND OTHERS v. RUSSIA

( Applications nos. 41337/04 , 26332/05, 34812/05, 469/06, and 1109 2 /07 )

JUDGMENT

STRASBOURG

12 July 2016

This judgment is final but it may be subject to editorial revision.

In the case of Parchiyev and Others v. Russia ,

The European Court of Human Rights ( Third Section ), sitting as a Committee composed of:

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having deliberated in private on 21 June 2016 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in five applications (nos. 4 41337/04, 26332/05, 34812/05, 469/06 and 1109 2 /07 ) 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 five Russian nationals . The applicants ’ details and the dates of their applications to the Court appear in the Appendix.

2 . The Russian Government (“the Government”) were represented by Ms V. Milinchuk , former Representative of the Russian Federation to the European Court of Human Rights, and Mr G. Matyushkin , Representative of the Russian Federation to the European Court of Human Rights .

3 . The applicants complained, inter alia , of the quashing of final domestic judgments by way of supervisory review , as existed prior to 2008.

4 . On various dates indicated in the Appendix these complaints were communicated to the respondent Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

5 . All the applicants were party to civil proceedings in which the first ‑ instance and appeal courts found in their favour. These judgments became final but were subsequently quashed by the supervisory review courts on the ground s of incorrect application of substantive law or incorrect assessment of evidence by lower courts (for more details see the Appendix).

II. RELEVANT DOMESTIC LAW

6 . The relevant domestic law governing the supervisory review procedure in force between 1 February 2003 and 7 January 2008 is summarised in Kot v. Russia (no. 20887/03, § 17, 18 January 2007).

THE LAW

I. JOINDER OF THE APPLICATIONS

7 . Given that the se six applications concern similar facts and complaints and raise almost identical issues under the Convention, the Court will consider them in a single judgment (see Kazakevich and 9 o ther “Army Pensioners” cases v. Russia , nos. 14290/03, 19089/04, 42059/04, 27800/04, 43505/04, 43538/04, 3614/05, 30906/05, 39901/05 and 524/06, § 15, 14 January 2010).

I I. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL No. 1 TO THE CONVENTION ON ACCOUNT OF THE QUASHING OF THE JUDGMENTS IN THE APPLICANTS ’ FAVOUR

8 . All the applicants complained of a violation of Article 6 of the Convention on account of the quashing by way of supervisory review of the final judgments in their favour. They further complained of a violation of Article 1 of Protocol No. 1 to the Convention in relation to the same facts. The Court will consider all these cases in the light of both provisions, which, in so far as relevant, read as follows:

Article 6 § 1

“In the determination of his civil rights and obligations ..., everyone is entitled to a fair and public hearing within a reasonable time 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. Admissibility

9 . The Court notes that those complaints are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.

B. Merits

10 . The Government argued that the supervisory review proceedings resulting in the quashing of the judgments at issue had been lawful: they had been initiated by the defendant authorities within the time-limits provided by domestic law. The supervisory review courts had quashed lower courts ’ judgments that had been based on an incorrect application of the substantive law, thus correcting flagrant injustices and eliminating dangerous precedents.

11 . The applicants reiterated their complaints.

12 . T he Court observes that it has already found numerous violations of the Convention on account of the quashing of final judgments by way of supervisory review under the Code of Civil Procedure, as in force at the material time (see, among many other authorities, Kot , cited above , § 29 ; Kovalenko and Others v. Russia , [Committee], no s . 36299/03 , 14222/04, 15030/04, 36581/04, 1407/05, 2071/05 and 24618/05 , 8 December 2015 ; and Zelenkevich and Others v. Russia , [Committee], no. 14805/02, 20 June 2013). The Court does not see any reasons to reach a different conclusion in the present case.

13 . The Court accordingly concludes that the quashing of the final judgments in the applicants ’ favour by way of supervisory review amount s to a breach of the principle of legal certainty, in violation of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention .

III . OTHER ALLEGED VIOLATIONS OF THE CONVENTION

14 . Lastly, all the applicants, except in the case of Anisimova , in addition complained under Articles 6, 13, 14, 17, 18 of the Convention and Article 1 of Protocol No. 1 to the Convention of other violations, such as the length of proceedings, lack of an effective domestic remedy against the quashing by way of supervisory review of final domestic judgments in the applicants ’ favour , the impartiality of the courts and the outcome of the proceedings.

15 . In the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that they are manifestly ill-founded and must be rejected, in accordance with Article 35 §§ 3 and 4 of the Convention.

IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION

16 . 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 satisfaction to the injured party.”

A. Damage

17 . The Court notes at the outset that i n the Bodnaryuk case the applicant limited her claim only to pecuniary damage. As regards the other applicants, they submitted, as far as their admissible complaints are concerned, claims in respect of pecuniary and non-pecuniary damage ranging from 16,362 euros (EUR) to EUR 60 8,101.

18 . The Government considered their claims as being excessive and unreasonable.

19 . As regards pecuniary damage claimed by Mr Parchiyev , Ms Bodnaryuk and Ms Ignatkina , the Court observes that the final judgment s in their favour did not award the applicant s any specific sum . In these circumstances, the Court cannot assume the role of the national authorities in calculating the sums due as a result of the domestic judgment s ( see Lenchenkov and Others v. Russia , no s. 16076/06, 42096/06, 44466/06 and 25182/07 , § 37, 21 October 2010 ).

20 . Mr Parchiyev and Ms Ignatkina further claimed non-pecuniary damage. Having regard to the principles developed in its case-law, the Court awards EUR 2,000 to each of Mr Parchiyev and Ms Ignatkina (see Streltsov and other “Novocherkassk military pensioners” cases v. Russia , nos. 8549/06 and 86 others , § 9 6 , 29 July 2010 ) .

21 . As for Mrs Anisimova and Mr Filipenko , the Court accepts that they must have sustained some pecuniary and non-pecuniary damage as a result of the quashing of final domestic judgments in their favour. However, their claims in this respect appear to be excessive. H aving regard to the principles developed in its case-law on determination of compensation in similar cases (see, for instance, Kovalenko and Others , §§ 42-43, cited above , Goncharova and Others and 68 other “Privileged Pensioners” cases v. Russi a, nos. 23113/08 and 68 others , §§ 22 ‑ 24, 15 October 2009 ) , the Court considers it reasonable and equitable to award a total of EUR 5,000 each to Mrs Anisimova and Mr Filipenko to cover all heads of damage.

B. Costs and expenses

22 . In the Filipenko case t he applicant claimed EUR 476 for costs and expenses .

23 . The Government contested partially the amount claimed as being unsubstantiated.

24 . Regard being had to the documents in its possession and to its case ‑ law, the Court considers it reasonable to award Mr Filipenko EUR 300 in respect of costs and expenses (see, for a similar approach, Ryabov and 151 other “Privileged pensioners” cases v. Russia , nos. 4563/07 and 10 others , §§ 20-23, 17 December 2009) .

C. Default interest

25 . The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT , UNANIMOUSLY,

1. Decides to join the applications ;

2 . Declares, in respect of all the applications, the complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the quashing by way of supervisory review of final domestic judgments in the applicants ’ favour admissible and the remainder of the applications inadmissible;

3 . Holds, in respect of all the applica nt s , that there has been a violation of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention on account of the quashing by way of supervisory review proceedings of the final domestic judgments in the applicants ’ favour ;

4 . Holds

(a) that the respondent State is to pay, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable:

( i ) EUR 2 ,000 (t wo thousand euros) each to Mr Parchiyev and Mrs Ignatkina in respect of non- pecuniary damage;

( ii ) EUR 5,000 (five thousand euros) each to Mrs Anisimova and Mr Filipenko , in respect of all heads of damage;

( i ii ) EUR 300 (three hundred euros) to Mr Filipenko in respect of costs and expenses (see “Just satisfaction granted” in the Appendix) ;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period, plus three percentage points;

5 . Dismisses the remainder of the applicant s ’ claim for just satisfaction.

Done in English, and notified in writing on 12 July 2016 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Fatoş Aracı Helena Jäderblom Deputy Registrar President

APPENDIX

No.

Application no. and date of introduction

Applicant name

Date of birth

Place of residence

Nationality

Represented by

Date of communication

Final domestic judgment

a) date of delivery

b) date of becoming final

Award (s)

Quashing

Just satisfaction granted

41337/04

25/09/2004

Ruslan Magometovich PARCHIYEV

21/04/1948

Karabulak

Russian

27/09/2009

Sunzhenskiy District Court of the Republic of Ingushetia 31/05/2001 13/06/2001 The State Registry Office of the Ministry of Justice

The court found the refusal to register the applicant as an entrepreneur unlawful

Presidium of the Supreme Court of the Republic of Ingushetia 04/08/2004

EUR 2 ,000

26332/05

29/06/2005

Valentina Alekseyevna IGNATKINA

01/02/1946

Kazan

Russian

27/08/2009

Sovetskiy District Court 25/02/2003 03/04/2003 Sberbank local branch

Restoration of the initial interest rate (190%)

Presidium of the Supreme Court of the Republic of Tatarastan 09/02/2005

EUR 2,000

34812/05

26/08/2005

Valentina Stepanovna ANISIMOVA

31/07/1954

Orsk

Russian

Sergey Ivanovich KIRYUKHIN

12/10/2009

Oktyabrskiy District Court of Orsk 27/02/2004 11/05/2004 Private party

Title to a room (9m 2 ) in Orsk, Russia.

Presidium of the Orenburg Regional Court 30/05/2005

EUR 5,000

469/06

07/11/2005

Yuliya Aleksandrovna BODNARYUK

28/01/1986

Murmansk

Russian

27/08/2009

Okyabrskiy Court of Murmansk 20/07/2004 03/11/2004 Sberbank local branch

Restoration of the initial interest rate (190%)

Presidium of the Murmansk Regional Court 29/05/2006

11092/07

16/02/2007

Sergey Gennadyevich FILIPENKO

12/04/1976

Novosibirsk

Russian

19/06/2012

Federal District Court of Moshkovskiy District 29/12/2005 10/01/2006 Private party, local branch of the Traffic Police

Title to a car, registration of the title

Presidium of the Novosibirsk Regional Court 17/11/2006

EUR 5,000+ EUR 300