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ISTRATOVA v. RUSSIA

Doc ref: 8294/15 • ECHR ID: 001-181921

Document date: March 9, 2018

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ISTRATOVA v. RUSSIA

Doc ref: 8294/15 • ECHR ID: 001-181921

Document date: March 9, 2018

Cited paragraphs only

Communicated on 9 March 2018

THIRD SECTION

Application no. 8294/15 Tatyana Aleksandrovna ISTRATOVA against Russia lodged on 4 February 2015

STATEMENT OF FACTS

The applicant, Ms Tatyana Aleksandrovna Istratova , is a Russian national, who was born in 1981 and lives in Alacant , Spain.

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

Between 2 July 2005 and 8 July 2013 the applicant was married to Mr I. Mr I. possessed a euro bank account with 18,640.81 euros.

On 8 July 2013 the applicant divorced Mr I. Afterwards Mr I. and she initiated civil proceedings to separate their common property.

On 8 August 2014 the Reutov Town Court of the Moscow Region held that the applicant was entitled to half the sum on the above euro bank account and awarded her 9,320.40 Russian roubles.

The applicant lodged an appeal stating that the court had erred in the awarded sum. She presumed that the judge had incorrectly converted the amount in euros into roubles. She referred to an extract from the bank account confirming her allegation.

On 13 October 2014 the Moscow Region Court upheld the decision of 8 August 2014 on appeal holding that the first instance court had correctly established the facts of the cas e and had divided the sum on Mr I. ’ s account in accordance with the Family Code. It did not analyse the applicant ’ s argument relating to the error.

COMPLAINT

The applicant complains under Article 6 of the Convention about flagrantly and manifestly arbitrary decision of the domestic courts in her case.

QUESTIONS TO THE PARTIES

Did the applicant have a fair hearing in the determination of her civil rights and obligations , in accordance with Article 6 § 1 of the Convention? In particular, did the domest ic court’s judgment of 8 August 2014 result in flagrantly and manifestly arbitrary decision in her case?

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