FIRST SECTION

Application no . 23045/05 Mariya Gennadyevna MALMBERG against Russia and 7 other applications (see list appended)

STATEMENT OF FACTS

THE FACTS

The applicants are Russian nationals.

The facts of the cases, as submitted by the applicants, may be summarised as follows.

The applicants were parties to civil proceedings. Only operative parts of judgments in their cases (see table appended) were read out by courts. The reasoned judgments were prepared after the hearings.

COMPLAINTS

1. The applicant s complain that the judgments in their civil cases were not pronounced publicly as required by Article 6 § 1 of the Convention.

2. They also lodge other complaints under the Convention.

QUESTIONS TO THE PARTIES

1. W ere the judgment s in the present case s (see table appended) of the first ‑ instance and the appeal courts pronounced p ublicly, as required by Article 6 § 1 of the Convention? In particular, was the reading out of the judgment s of the first-instance and the appeal courts at the hearing s limited to the operative part ( резолютивная часть ) , and , if so, were the reasoned judgment s, which were prepared after the hearings, made public by any other means (see Ryakib Biryukov v. Russia , no. 14810/02, ECHR 2008 )?

2. When were the reasoned judgments of the first ‑ instance and the appeal courts in their final forms ( мотивированн ые решени я суда , решени я суда в окончательной форме ) prepared?

The Government are requested to submit the court records of the hearings ( протоколы судебных заседаний ) before the first ‑ instance and the appeal courts, and the operative parts ( резолютивная часть ) of the judgments, unless they were submitted by the applicants. The Government are also requested to submit statements of the applicants ’ appeals against the first-instance courts ’ judgments in applications nos. 23045/05, 39543/08, 48789/09 and 31011/10.

APPENDIX

No

Application

no.

Lodged on

Applicant ’ s name

date of birth

place of residence

Judgments which were not allegedly pronounced publicly

23045/05

03/05/2005

Mariya Gennadyevna MALMBERG

06/10/1957

S t Peter s burg

St Petersburg City Court ’ s judgment of 21 December 2004 ( the City C ourt partially quashed Vasileostrovskiy District Court ’ s judgment of 17 March 2004 and took a new decision on the merits ). Contractual dispute between private individuals .

39543/08

17/06/2008

Yevgeniya Yekimovna SHUBINA

01/01/1960

Belgorod

Belgorodskiy District Court ’ s judgment of 11 March 2008 and Belgorod Regional Court ’ s judgment of 22 April 2008 ( the appeal court took a new decision on the merits ). Consumer dispute.

21236/09

02/04/2009

Mikhaydar Ayseyevich TAZIKOV

23/05/1957

Ulyanovsk

Ulyanovsk Leninskiy District Court ’ s judgment of 13 October 2008 and Ulyanovsk Regional Court ’ s judgment of 25 November 2008 ( the District Court ’ s judgment was upheld on appeal ). Dispute between private individuals concerning debt recovery .

48789/09

21/08/2009

Sergey Nikolayevich VOROBYEV

10/11/1965

Saransk

Saransk Oktyabrskiy District Court ’ s judgment of 26 December 2008 and Mordoviya Republic Supreme Court ’ s judgment of 10 March 2009. Insurance dispute concerning a traffic accident .

58611/09

17/10/2009

Svetlana Yuryevna SAUTCHENKOVA

27/12/1972

Krasnodar

Krasnodar Pervomayskiy District Court ’ s judgment of 18 August 2009 ( upheld by Krasnodar Regional Court ’ s judgment of 29 September 2009) . Dispute with a private bank concerning validity of a collateral agreement .

17759/10

17/02/2010

Olga Ivanovna SHEVCHENOK

19/02/1958

Tyumen

Tavdinskiy District Court ’ s judgment of 26 June 2009 ( upheld by Sverdlovsk Regional Court ’ s judgment of 18 August 2009). Land dispute with a local authority .

31011/10

31/03/2010

Svetlana Yuryevna SAUTCHENKOVA

27/12/1972

Krasnodar

Krasnodar Prikubanskiy District Court ’ s judgment of 18 December 2009 ( upheld by Krasnodar Regional Court ’ s judgment of 25 February 2010) . Dispute with a private bank concerning the applicant ’ s liability as a guarantor under a bank loan agreement .

48402/10

27/07/2010

Marina Fedorovna SURKOVA

06/06/1946

Moscow

Basmanniy District Court ’ s judgment of 30 October 2009 and Moscow City Court ’ s judgment of 28 January 2010 ( the District Court ’ s judgment was upheld on appeal ). Labour dispute concerning Federal Service of State St atistics ’ refusal of employment .