Communicated on 19 December 2018
THIRD SECTION
Application no. 83399/17
Vyacheslav Anatolyevich ANDREYEV and Svetlana Yuryevna ANDREYEVA
against Russia
lodged on 25 November 2017
SUBJECT MATTER OF THE CASE
The Ministry of Defence sued the applicants claiming compensation for part of the flat allocated to the first applicant as a military officer and his family, as if exceeding the size as stipulated under the domestic law. On 28 September 2015 the district court dismissed the Ministry’s claims. The Ministry received a copy of the judgment on 15 June 2016 and applied for restoration of the time limit for appeal on 23 Junes 2016. Subsequently the regional court restored the time limit. On 18 July 2017 the regional court quashed the judgment of 28 September 2015 on appeal and granted the Ministry’s claims.
QUESTIONS tO THE PARTIES
1. Was the principle of the finality of judgments, as guaranteed by Article 6 § 1 of the Convention, respected despite the fact that the time limit for appeal was extended more than nine months after the judgment of 28 September 2015 became final and that the judgment of 28 September 2015 was quashed subsequently? In this respect the Government are requested to inform the Court on the following:
(a) Was the Ministry of Defence informed about the court’s hearing of 28 September 2015? If so, did a representative of the Ministry of Defence attend that hearing?
(b) Was the court’s judgment of 28 September 2015 duly sent to the Ministry of Defence within the time limit stipulated under the domestic law? If not, did the Ministry take any steps to get the judgment before 15 June 2016?
2. Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 as a result of the quashing of the judgment of 28 September 2015?
APPENDIX
No.
Applicant
Birth year
Nationality
Place of residence
1.
Vyacheslav Anatolyevich ANDREYEV
1967
Russian
Krasnodar
2.
Svetlana Yuryevna ANDREYEVA
1979
Russian
Krasnodar
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