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Судебное дело "Свердловское областное региональное отделение политической партии «Российская партия труда» против России (43724/05)"

Письмо Европейского Суда по правам человека с изложением порядка возмещения справедливой компенсации




                            PRACTICE DIRECTION^1

                          JUST SATISFACTION CLAIMS

   I. Introduction

   1. The award of just satisfaction is not an automatic consequence of a
   finding  by  the  European Court of Human Rights that there has been a
   violation  of  a  right guaranteed by the European Convention on Human
   Rights  or  its  Protocols.  The wording of Article 41, which provides
   that the Court shall award just satisfaction only if domestic law does
   not  allow  complete  reparation  to  be  made, and even then only "if
   necessary" (s 'ily a lieu in the French text), makes this clear.

   2.  Furthermore,  the  Court  will  only award such satisfaction as is
   considered  to  be  "just"  (equitable  in  the  French  text)  in the
   circumstances.  Consequently,  regard  will  be  had to the particular
   features  of  each  case.  The Court may decide that for some heads of
   alleged  prejudice  the  finding  of  violation  in itself constitutes
   adequate  just  satisfaction,  without  there being any call to afford
   financial  compensation.  It  may also find reasons of equity to award
   less  than  the  value of the actual damage sustained or the costs and
   expenses actually incurred, or even not to make any award at all. This
   may  be  the  case,  for  example, if the situation complained of, the
   amount  of  damage or the level of the costs is due to the applicant's
   own  fault.  In  setting  the  amount  of an award, the Court may also
   consider  the  respective  positions  of  the  applicant  as the party
   injured  by  a  violation and the Contracting State as responsible for
   the  public  interest.  Finally,  the  Court  will  normally take into
   account the local economic circumstances.

   3.  When  it  makes an award under Article 41, the Court may decide to
   take  guidance from domestic standards. It is, however, never bound by

   4.   Claimants   are  warned  that  compliance  with  the  formal  and
   substantive requirements deriving from the Convention and the Rules of
   Court is a condition for the award of just satisfaction.

   II. Submitting claims for just satisfaction: formal requirements

   5. Time-limits and other formal requirements for submitting claims for
   just  satisfaction  are  laid  down  in Rule 60 of the Rules of Court,
   which, in relevant part, provides as follows:

   1.  An  applicant  who  wishes 10 obtain an award of just satisfaction
   under Article 41 of the Convention in the event of the Court finding a
   violation  of  his or her Convention rights must make a specific claim
   to that effect.

   2.  The  applicant  must  submit  itemised  particulars of all claims,
   together with any relevant supporting documents, within the time-limit
   fixed for the submission of the applicant's observations on the merits
   unless the President of the Chamber directs otherwise.

   ^1  Issued by the President of the Court in accordance with Rule 32 of
   the Rules of Court on

   28 March 2007.


   3.  If  the applicant fails to comply with the requirements set out in
   the preceding paragraphs the Chamber may reject the claims in whole or
   in part.

   Thus,  the  Court  requires  specific  claims supported by appropriate
   documentary  evidence,  failing  which it may make no award. The Court
   will  also  reject  claims  set  out  on  the application form but not
   resubmitted  at  the  appropriate  stage of the proceedings and claims
   lodged out of time.

   III. Submitting claims for just satisfaction: substantive requirements

   6.  Just  satisfaction  may  be  afforded  under  Article  41  of  the
   Convention in respect of:

   a) pecuniary damage;

   b) non-pecuniary damage; and

   c) costs and expenses.

   1. Damage in general

   7.  A clear causal link must be established between the damage claimed
   and the violation alleged. The Court will not be satisfied by a merely
   tenuous  connection  between the alleged violation and the damage, nor
   by mere speculation as to what might have been.

   8.  Compensation  for damage can be awarded in so far as the damage is
   the  result  of  a  violation  found.  No award can be made for damage
   caused  by events or situations that have not been found to constitute
   a  violation  of  the  Convention, or for damage related to complaints
   declared inadmissible at an earlier stage of the proceedings.

   9.  The  purpose  of  the  Court's  award  in  respect of damage is to
   compensate  the  applicant  for  the  actual harmful consequences of a
   violation.  It  is  not  intended  to  punish  the  Contracting  State
   responsible.  The  Court  has  therefore,  until  now,  considered  it
   inappropriate  to  accept  claims  for  damages  with  labels  such as
   "punitive", "aggravated" or "exemplary".

   2. Pecuniary damage

   10.  The  principle  with  regard  to  pecuniary  damage  is  that the
   applicant  should  be  placed,  as far as possible, in the position in
   which  he  or  she  would  have been had the violation found not taken
   place  -  in  other  words,  restitutio  in integrum. This can involve
   compensation  for  both  loss  actually suffered (damnum emergens) and
   loss,  or  diminished  gain,  to  be  expected  in  the future (lucrum

   11. It is for the applicant to show that pecuniary damage has resulted
   from  the violation or violations alleged. The applicant should submit
   relevant  documents  to  prove,  as  far  as  possible,  not  only the
   existence but also the amount or value of the damage.

   12.  Normally,  the  Court's  award  will  reflect the full calculated
   amount  of  the  damage.  However,  if  the  actual  damage  cannot be
   precisely  calculated,  the  Court  will make an estimate based on the
   facts  at  its  disposal.  As  pointed  out  in S: 2 above, it is also
   possible  that the Court may find reasons in equity to award less than
   the full amount of the loss.


   3. Non-pecuniary damage

   13.  The  Court's award in respect of non-pecuniary damage is intended
   to  provide  financial compensation for non-material harm, for example
   mental or physical suffering.

   14.  It is in the nature of non-pecuniary damage that it does not lend
   itself  to  precise  calculation.  If  the existence of such damage is
   established,  and  if  the  Court  considers that an award in money is
   necessary,  it  will  make an assessment on an equitable basis, having
   regard to the standards which emerge from its case-law.

   15. Applicants who wish to be compensated for non-pecuniary damage are
   invited  to  specify  a  sum  which  in their view would be equitable.
   Applicants  who consider themselves victims of more than one violation
   may  claim either a single lump sum covering all alleged violations or
   a separate sum in respect of each alleged violation.

   4. Costs and expenses

   16.  The  Court  can order the reimbursement to the applicant of costs
   and  expenses  which  he  or  she has incurred - first at the domestic
   level,  and  subsequently in the proceedings before the Court itself -
   in  trying  to  prevent  the violation from occurring, or in trying to
   obtain  redress  therefor.  Such  costs  and  expenses  will typically
   include  the  cost  of  legal  assistance, court registration fees and
   suchlike.  They  may  also include travel and subsistence expenses, in
   particular  if  these have been incurred by attendance at a hearing of
   the Court.

   17. The Court will uphold claims for costs and expenses only in so far
   as  they  are referable to the violations it has found. It will reject
   them  in  so far as they relate to complaints that have not led to the
   finding  of  a violation, or to complaints declared inadmissible. This
   being  so,  applicants  may  wish  to  link  separate  claim  items to
   particular complaints.

   18.  Costs and expenses must have been actually incurred. That is, the
   applicant  must have paid them, or be bound to pay them, pursuant to a
   legal  or contractual obligation. Any sums paid or payable by domestic
   authorities  or  by  the Council of Europe by way of legal aid will be

   19.  Costs  and expenses must have been necessarily incurred. That is,
   they must have become unavoidable in order to prevent the violation or
   obtain redress therefor.

   20.  They must be reasonable as to quantum. If the Court finds them to
   be  excessive,  it  will  award  a  sum which, on its own estimate, is

   21.  The Court requires evidence, such as itemised bills and invoices.
   These  must  be sufficiently detailed to enable the Court to determine
   to what extent the above requirements have been met.

   5. Payment information

   22.  Applicants are invited to identify a bank account into which they
   wish any sums awarded to be paid. If they wish particular amounts, for
   example the sums awarded in respect


   of  costs  and  expenses,  to be paid separately, for example directly
   into the bank account of their representative, they should so specify.

   IV. The form of the Court's awards

   23.  The Court's awards, if any, will normally be in the form of a sum
   of  money  to  be  paid  by the respondent Government to the victim or
   victims  of the violations found. Only in extremely rare cases can the
   Court  consider  a  consequential  order  aimed  at  putting an end or
   remedying the violation in question. The Court may, however, decide at
   its  discretion  to  offer  guidance for the execution of its judgment
   (Article 46 of the Convention).

   24.  Any  monetary  award  under  Article 41 will normally be in euros
   (EUR,  D%)  irrespective  of  the  currency  in  which  the  applicant
   expresses his or her claims. If the applicant is to receive payment in
   a  currency other than the euro, the Court will order the sums awarded
   to  be  converted  into  that  other  currency  at  the  exchange rate
   applicable  on  the  date  of  payment.  When formulating their claims
   applicants  should,  where  appropriate,  consider the implications of
   this  policy in light of the effects of converting sums expressed in a
   different currency into euros or contrariwise.

   25. The Court will of its own motion set a time-limit for any payments
   that may need to be made, which will normally be three months from the
   date  on  which its judgment becomes final and binding. The Court will
   also  order  default  interest  to  be  paid  in  the  event that that
   time-limit  is  exceeded,  normally  at  a  simple  rate  equal to the
   marginal  lending rate of the European Central Bank during the default
   period plus three percentage points.


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1. Арамат - 27.01.2008 09:43:40

А можно на русский перевести?


2. СЕРЖант - 30.01.2008 12:15:15
E-mail: black-white@bk.ru

Полно в сети on-line переводчиков http://online.perevodov.net/Perevodov.net/online-dictionaries/promt.php4?direction=er


3. Anonymous - 07.08.2008 11:37:01

ты думай, что советуешь! еще ни один эл переводчик не смог заменить голову человека, а выдают они, как правило, всякую чушь!!!


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15.05.2015г. распоряжением Минюста РФ СРОО "Сутяжник" включена в реестр иностранных агентов.