The ECHR found a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms with respect to all applicants, as well as the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human

Заголовок: The ECHR found a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Сведения: 2018-09-04 11:33:32

The case successfully examined the complaints of the applicants for the cancellation of judgments rendered in their favor by the results of the consideration of cases in the first and appellate instances in the framework of civil proceedings, by way of supervision by higher courts because of improper application of substantive law or incorrect evaluation of evidence by lower courts. The case involved violations of the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the Convention.

In 2006 and 2007, the applicants were assisted in the preparation of аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.

In their complaints, the applicants (four persons) complained about the cancellation of the judgments rendered in their favor by the results of the consideration of cases in the first and appellate instances in the framework of civil proceedings, by way of supervision by higher courts because of improper application of substantive law or incorrect evaluation of evidence by lower courts.

On June 13, 2017, on the basis of complaints filed by the applicants, the Court unanimously held that in this case the Government violated the requirement of Article 6 of the Convention (the right to a fair trial) against all the applicants, as well as the requirements of Article 1 of Protocol No. 1 (right to protection of property) against two applicants and ordered the respondent State to pay the applicants EUR 5,500 as just satisfaction. The applicants were awarded various amounts ranging from 1,500 to 5,000 euros.

The ECHR judgment of 13 June 2017 in the case of Shorokhova and Others v. Russia (аpplications no. 42968/06, 49272/06, 2319/07 and 51217/07).

 

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