FOR THESE REASONS, THE COURT, UNANIMOUSLY

Постановление ЕСПЧ от 12.04.2018 "Дело "Божков и другие (Bozhkov and Others) против Российской Федерации" (жалоба N 17071/05 и 5 других жалоб) [рус., англ.] (Вместе со Списком жалоб)

FOR THESE REASONS, THE COURT, UNANIMOUSLY

1. Decides to join the applications;

2. Rejects the Government's request to strike some applications out of its list of cases under Article 37 of the Convention on the basis of the unilateral declarations which they submitted;

3. Declares the complaints concerning the applicants' absence from civil proceedings and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of the applications nos. 17071/05, 15622/09, 18297/11 and 17115/15 inadmissible;

4. Holds that these complaints disclose a breach of Article 6 § 1 of the Convention concerning the applicants' absence from civil proceedings;

5. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

6. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(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.

Done in English, and notified in writing on 12 April 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Alena 

President

Liv TIGERSTEDT

Acting Deputy Registrar

Appendix

LIST OF APPLICATIONS RAISING COMPLAINTS UNDER

ARTICLE 6 § 1 OF THE CONVENTION (APPLICANT'S ABSENCE

FROM CIVIL PROCEEDINGS)

No.

Application no.

Date of introduction

Applicant name

Date of birth

Representative name and location

Nature of the dispute

Final decision

(as concerns the new Russian Code on Civil Procedure)

First-instance hearing date

Court

Appeal hearing date

Court

Other complaints under well-established case-law

Amount awarded for non-pecuniary damage and costs and expenses per applicant (in euros) <1>

1.

17071/05

22/03/2005

Sergey Aleksandrovich Bozhkov

28/07/1968

Misakyan Tumas Arsenovich

Moscow

Compensation for damage claim against detention authorities for a contamination with tuberculosis

02/11/2004

Vorkuta Town Court

07/02/2005

Supreme Court of the Republic of Komi

1,500

2.

5951/08

09/01/2008

Aleksandr Aleksandrovich Abramov

07/07/1956

Claim for non-pecuniary damage following a substantial delay in crediting his account by the correctional colony, with the amount paid following a prior court judgment in his favour.

02/10/2009

Artemovsk Town Court of the Primorye Region

27/01/2010

Primorye Regional Court

1,500

3.

15622/09

20/02/2009

Yevgeniy Ivanovich Zhabutinskiy

17/07/1982

compensation for unlawful detention

10/02/2010

Kirovskiy District Court of Irkutsk

16/07/2010

Irkutsk Regional Court

Art. 5 (4) - excessive length of judicial review of detention - Appeal against 03/09/2008,

23/12/2008 and 19/03/2009 extension orders examined on 20/11/2008, 26/02/2009 and 27/05/2009, respectively

1,950

4.

18297/11

11/02/2011

Vladimir Mikhaylovich Stepanenko

13/09/1967

Compensation for inadequate detention conditions

13/09/2012

Zheleznodorozhnyy District Court of Krasnoyarsk

28/01/2013

Krasnoyarsk Regional Court

1,500

5.

17115/15

17/12/2015

Andrey Vitalyevich Mokin

07/11/1974

Challenging the actions of the colony administration concerning sending the correspondence

22/01/2015

Zavyalovskiy District Court of the Udmurtia Republic

10/08/2015

Supreme Court of the Udmurtiya Republic

1,500

6.

62983/16

23/09/2016

Ruslan Sergeyevich Pylayev

15/09/1976

Complaint about bailiffs' actions and his eviction in his absence

Primorye Regional Court, 08/09/2016

28/04/2016

Frunzenskiy District Court of Vladivostok

28/07/2016

Primorye Regional Court

1,500

--------------------------------

<1> Plus any tax that may be chargeable to the applicants.