Communicated on 28 August 2014
FIRST SECTION
Application no. 11421/13
Khamid Khatutovich KABARDOKOV and others against Russia
and 33 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are 223 Russian nationals listed in Appendix 1. They live in various towns of the Republic of Kabardino-Balkaria.
The facts of the case, as submitted by the applicants, may be summarised as follows.
A. The circumstances of the case
The applicants were clean-up workers at the site of the Chernobyl nuclear plant accident. As a result they suffered from extensive exposure to radioactive emissions which later led to their disability.
In late 2010 the applicants lodged a complaint with the Nalchik Town Court of the Republic of Kabardino-Balkaria (“the Town Court”) against the Russian Ministry of Finance seeking compensation of non‑pecuniary damage in the above connection.
In the period between January and April 2011 (see Appendix 2, column no. 2) the Town Court allowed the applicants’ claims in part and awarded the applicants compensations between 1,200,000 - 1,600,000 Russian roubles (approximately 25,000 - 33,000 euros) (see Appendix 3).
The judgments above have not been appealed against and became final and enforceable.
In the period between June and November 2011 the Department of the Federal Treasury Fund in the Republic of Kabardino-Balkaria (“the FTF”) on behalf of the Russian Ministry of Finance lodged an appeal with the Supreme Court of the Republic of Kabardino‑Balkaria (“the Supreme Court of Kabardino-Balkaria”) against the final judgments in the applicants’ favour through the Town Court (Appendix 2, column no. 2). They also requested that the statutory ten-day time‑limit for lodging such an appeal against the judgments be restored.
In the same period (Appendix 2, column no. 3) the Town Court refused to restore the time-limit for appealing against the main judgments, stating that the FTF provided no valid reasons for missing it. The latter decisions were not appealed against and became final.
Meantime some of the applicants received the awarded compensations while the others were waiting (see Appendix 3).
In the period between July and November 2012 the FTF lodged an appeal with the Town Court against the previous refusals (Appendix 2, column no. 3). They also requested that the ten‑day statutory time-limit for appealing against those decisions be restored on the grounds that their copies had not been forwarded to the FTF.
In the same period (Appendix 2, column no. 4) the Town Court ordered that the time‑limit for appeal be extended on the grounds that there was no evidence that the FTF had received refusals in due course.
In the period between July and November 2012 the applicants appealed against the latter decisions before the Supreme Court of Kabardino‑Balkaria on the grounds that according to the domestic law the court should forward a copy of its decision only to those parties, which were not present at the court hearings. However, according to the applicants, since the FTF’s representative participated in the proceedings, the court was not required to forward them a copy of the decision.
In the period between August and December 2012 (Appendix 2, column no. 4) the Supreme Court of Kabardino‑Balkaria found that the Town Court lawfully extended the time-limits for appeals but held that the grounds for the extensions were incorrect. The Supreme Court of Kabardino‑Balkaria in particular held that the Russian Ministry of Finance could not be said to have been duly represented in those proceedings as the transcript of a hearing did not provide the details regarding the power of attorney of Ms B., who had acted as a representative of the Russian Ministry of Finance. In such circumstances the Town Court should have forwarded a copy of the decision to the defendant but had failed to do so. Accordingly, the Supreme Court held that the Russian Ministry of Finance had valid excuse in missing the statutory time-limit for appealing against the Town Court’s decisions taken between June and November 2011 (Appendix 2, column no. 3).
In the period between September 2012 and February 2013 (Appendix 2, column no. 5) the Supreme Court of Kabardino-Balkaria quashed the Town Court’s refusals (Appendix 2, column no. 3) and restored the time-limit for appealing against the main judgments (Appendix 2, column no. 2). It noted, in particular, as follows:
“... As it transpires from the case materials the defendant [the Russian Ministry of Finance] was represented by Ms B. ... who participated in the first instance court hearing on examination of the case on the merits and, accordingly, was aware of the delivered judgment [Town Court’s judgment in the applicants’ favour].
Therefore submission of an appeal against that judgment [Town Court] within the time‑limit provided by Article 338 of the Russian Code of Civil Procedure depended on the representative’s good faith … Accordingly, failure to comply with the time‑limit by the defendant evidently was a consequence of improper fulfillment of the obligations by the representative, which obviously led to substantial violation of the Russian Federation’s rights in supporting its position before the court of appeal.”
In the period between September 2012 and March 2013 (Appendix 2, column no. 6) the Supreme Court of Kabardino-Balkaria quashed the Town Court’s main judgment and dismissed the applicants’ claims in full. It noted that the domestic law concerning compensation for non‑pecuniary damage had been introduced on 31 May 1991 after the Chernobyl nuclear accident had occurred, therefore the applicants were not entitled to any compensation. The Supreme Court further ordered the applicants to return the money they had received pursuant to the Town Court’s judgments taken between January and April 2011 (Appendix 2, column no. 2).
Three applicants, Mr Kolomiyets (applicant no. 67), Mr Lepekhin (applicant no. 78) and Mr Apanasenko (applicant no. 101) died on 30 and 26 March and 23 July 2013 respectively, after they filed their applications with the Court. By letter of 17 April 2014 the applicants’ wives informed the Court about their husbands’ decease and expressed the intention to continue proceedings.
B. Relevant domestic law and practice
Article 112 of the Russian Code of Civil Procedure (“CCP”) provides that a competent court may extend a time-limit for procedural actions, such as lodging an appeal, if the court finds that a party has a valid excuse for a failure to comply with that time-limit.
Article 227 of the CCP stipulates that a copy of a decision concerning termination of proceedings shall be forwarded to the parties to the proceedings if they were not present at the hearing within three days after its delivery.
Under Article 338 of the CCP, in force before 1 January 2012, an appeal in a civil case could be lodged within ten days after the delivery of a first‑instance judgment in its final form. After 1 January 2012 the time‑limit for lodging an appeal has been extended to one month under Article 321 of the CCP.
Under Article 392 of the CCP a final judgment in a case may be reviewed, inter alia, on the ground that the European Court of Human Rights found a violation of the Convention on account of the domestic judicial proceedings or decisions taken in that case. Articles 393‑94 set out a procedure for reopening of domestic judicial proceedings in any such case.
Article 1109 § 3 of the CCP stipulates that, if a decision to grant compensations for damages to health to a person in the absence of a bad faith and miscalculations on his or her part is quashed on appeal or by way of supervisory review, the compensation itself cannot be claimed back.
COMPLAINTS
The applicants complain under Article 6 § 1 of the Convention that restoration of the time-limit for an appeal resulting in quashing of the final judgment in their favour violated the principle of legal certainty. The applicants further complain under Article 1 of Protocol No. 1 of the Convention that reversal of the compensations awarded by the Town Court, which had already been paid to some of the applicants, violated their right to property.
QUESTIONS TO THE PARTIES
1. Regard being had to the decisions listed in columns nos. 5 and 6 of Appendix 2, by which the Supreme Court of the Republic of Kabardino‑Balkaria, at requests of the Russian Ministry of Finance, restored a time-limit for appealing against decisions listed in columns nos. 3 and 2 of Appendix 2 respectively, were the guarantees of Article 6 § 1 of the Convention, and in particular the principle of legal certainty, respected (see Bezrukovy v. Russia, no. 34616/02, §§ 32-36, 10 May 2012)?
2. Have there been any other examples, not stemming from the facts as described in the present case, where a time-limit for an appeal was restored on similar grounds? The Government are invited to submit their reply with references to domestic practice, if any.
3. Did the quashing of the final judgments in the applicants’ favour constitute an interference with the applicants’ right to the peaceful enjoyment of the possession in the form of the judgment debt? If so, was such interference justified in terms of Article 1 of Protocol No. 1?
Appendix 1
1. Application no. 11421/13 lodged on 22 January 2013:Khamid Khatutovich KABARDOKOV, born on 12/03/1949;Viktor Vladimirovich BOCHARNIKOV, born on 19/04/1954;Yuriy Khadisovich GERGOV, born on 16/04/1947;Mukhadin Adamovich DOTKULOV, born on 29/08/1949;Zamir Misostovich KARDANOV, born on 02/05/1951;Gali Ezdanovich SHAOV, born on 27/09/1956;
2. Application no. 15459/13 lodged on 9 February 2013:Baydulakh Magometovich AYTEKOV, born on 08/01/1952;Askerbiy Aslanovich BAYSIYEV, born on 29/09/1957;Ivan Grigoryevich ZAIKA, born on 18/02/1953;Viktor Mikhaylovich KREMENTSOV, born on 29/08/1955;Vasiliy Vasilyevich POPOVICH, born on 05/01/1953;Mikhail Mikhaylovich PANCHENKO, born on 14/11/1954;Sergey Ivanovich SOBAKAR, born on 04/09/1958;Ruslan Galiyevich UMAROV, born on 02/03/1954;
3. Application no. 15473/13 lodged on 9 February 2013:Sergey Ivanovich ANTONOV, born on 02/02/1951;Assad Ogly Abassovich BABAYEV, born on 28/11/1963;Vladimir Petrovich BORIYEV, born on 10/04/1949;Khamid Khasanovich GUZIYEV, born on 02/11/1956;Viktor Vasilyevich DEYKIN, born on 03/11/1955;Urazay Musayevich KOKKEZOV, born on 08/07/1950;Ramazan Mustafayevich MOKAYEV, born on 27/04/1956;Marat Vladimirovich SRUKOV, born on 29/08/1961;
4. Application no. 15625/13 lodged on 9 February 2013:Timur Khasanovich GUKEZHEV, born on 07/09/1968;Gisa Musayevich GUCHAPSHEV, born on 15/10/1956;Isuf Abuzedovich KUMYKOV, born on 30/12/1955;Mikhail Aniuarovich SARAKHOV, born on 28/02/1957;Arsen Khasanbiyevich URUSMAMBETOV, born on 29/10/1960;Seyfu Yusufovich KHAIROV, born on 31/03/1954;Muayed Khasanovich KHOKONOV, born on 15/08/1954;
5. Application no. 15651/13 lodged on 9 February 2013:Ivan Timofeyevich ARKHIPOV, born on 17/10/1945;Muayed Sultanovich GEDMISHKHOV, born on 23/05/1957;Aleksey Dmitriyevich DADONOV, born on 19/03/1951;Khasen Vladimirovich ZHUZHUYEV, born on 05/10/1964;Vladimir Andreyevich KUDRITSKIY, born on 16/11/1954;Aleksandr Alekseyevich LARIN, born on 18/05/1957;Nikolay Fedorovich MENYAYLO, born on 12/08/1951;Vladimir Abramovich SHPAKOV, born on 15/09/1952;Zhora Khasanovich ERZHIBOV, born on 12/05/1953;
6. Application no. 18295/13 lodged on 20 February 2013:Saladin Khautiyevich TAOV, born on 15/12/1950;Stanislav Sergeyevich ANOSOV, born on 02/09/1954;Aleksandr Aleksandrovich BORISENKO, born on 25/03/1954;Sergey Maratovich MAGOMEDOV, born on 21/04/1954;Ruslan Khadisovich MISROKOV, born on 29/04/1968;Aleksandr Nikolayevich SVIRIDENKO, born on 16/07/1952;Sultan Batyrbiyevich KHAMSHOKOV, born on 07/11/1968;
7. Application no. 18767/13 lodged on 12 February 2013:Vladimir Grigoryevich TANKANAG, born on 18/10/1938;Andemirkan Muratovich KUCHMENOV, born on 01/07/1937;Karalbi Gidovich KEREFOV, born on 09/12/1939;
8. Application no. 18775/13 lodged on 22 February 2013:Viktor Mikhaylovich TSYB, born on 11/05/1951;Igor Anatolyevich RYABTSEV, born on 26/09/1968;Aleksandr Ilyich KAGITIN, born on 02/05/1945;Mustafa Bekiyevich MANIYAYEV, born on 19/02/1954;
9. Application no. 19142/13 lodged on 22 February 2013:Khasym Yusupovich BITTIROV, born on 31/12/1956;Aleksandr Mukharbiyevich ZRUMOV, born on 14/04/1950;Viktor Khazhmuratovich KUGOTOV, born on 02/04/1956;
10. Application no. 19161/13 lodged on 14 February 2013:Auyes Khapitovich TSIRKHOV, born on 07/03/1953;Yuriy Alekseyevich NEKRASOV, born on 25/05/1951;Nikolay Ivanovich KHRUSHCHEV, born on 05/12/1926;Vasiliy Maksimovich LASHIN, born on 25/01/1939;Anatoliy Alekseyevich VARCHENKO, born on 28/08/1941;Magarram Vali Ogly NASIBOV, born on 15/07/1939;Vladimir Ivanovich PARSHAKOV, born on 16/03/1949;Viktor Nikolayevich YURCHENKO, born on 25/07/1954;Vasiliy Alekseyevich BOBROVENKO, born on 22/04/1930;Vladimir Timofeyevich SAVCHENKO, born on 09/09/1939;
11. Application no. 19179/13 lodged on 13 February 2013:Nikolay Petrovich VLASOV, born on 21/11/1948;Vladimir Mikhaylovich KOLOMIYETS, born on 19/04/1945;Nikolay Ivanovich PRASOL, born on 22/09/1948;Leonid Spiridonovich PURKIN, born on 28/01/1946;Aleksandr Nikolayevich PEKAR, born on 26/09/1967;Aslanbi Adamovich TANASHEV, born on 10/08/1947;Aleksandr Mikhaylovich TOKAREV, born on 01/09/1959;
12. Application no. 19237/13 lodged on 12 February 2013:Vladimir Nikolayevich VELICHKO, born on 22/04/1952;Vladimir Pavlovich ISTOMIN, born on 06/06/1951;Nikolay Nikolayevich KONONOV, born on 04/01/1955;Yevgeniy Aleksandrovich KILDISHOV, born on 30/08/1964;Leonid Talovich KAZHAROV, born on 06/03/1949;Sergey Filippovich LEPEKHIN, born on 25/09/1945;Pavel Ilyich LOGACHEV, born on 31/01/1951;Aleksandr Maksimovich LITYAYEV, born on 05/05/1958;Vasiliy Anatolyevich NIKOLAYENKO, born on 18/11/1961;
13. Application no. 19259/13 lodged on 15 February 2013:Sarazhdin Talovich KHATSUKOV, born on 15/11/1954;Ruslan Leonidovich GUKEPSHOKOV, born on 02/06/1964;Murid Ayubovich BARAGUNOV, born on 09/06/1937;Sergey Ivanovich ARCHAKOV, born on 15/10/1954;Murid Borisovich BZHAUMYKHOV, born on 02/12/1957;Arsen Khabasovich KODZOKOV, born on 07/01/1958;Ashir Margeldyyevich ASHIROV, born on 15/01/1961;
14. Application no. 19320/13 lodged on 9 February 2013:Albek Auyesovich AFAUNOV, born on 02/11/1960;Boris Sarzhudinovich BOKOV, born on 16/10/1948;Valeriy Emilevich GUBER, born on 24/12/1939;Viktor Semenovich KONTORIN, born on 23/02/1956;Vladimir Viktorovich LUKYANOV, born on 16/02/1959;Kazbek Safarbiyevich SHAOV, born on 17/12/1966;Vitaliy Viktorovich TSARKOV, born on 21/05/1951;
15. Application no. 19398/13 lodged on 13 February 2013:Murik Blitovich BORIYEV, born on 09/12/1955;Anatoliy Adalgeriyevich KUMYKOV, born on 25/05/1952;Mukhazhid Mukhamedovich ORGANOKOV, born on 04/12/1949;Sergey Semenovich PANYAKIN, born on 02/12/1954;Boris Timofeyevich KHOKHLACHEV, born on 11/03/1953;
16. Application no. 19408/13 lodged on 14 February 2013:Nikolay Konstantinovich APANASENKO, born on 25/11/1938;Oleg Valentinovich VOLODIN, born on 28/08/1968;Viktor Vladimirovich GLYBIN, born on 22/08/1951;Viktor Ivanovich KLOCHKOV, born on 15/01/1950;Viktor Petrovich LIKHTINOV, born on 25/04/1952;Amir Musarbiyevich PSHIGUSOV, born on 01/12/1957;Khasan Kilchukovich SIZHAZHEV, born on 10/12/1949;Nikolay Grigoryevich CHIKALENKO, born on 08/03/1955;Timosha Khazhpagovich SHADOV, born on 20/07/1956;
17. Application no. 19422/13 lodged on 9 February 2013:Mikhail Lukmanovich BOTTAYEV, born on 31/10/1956;Bilyal Khangeriyevich KARDANOV, born on 01/12/1956;Taymoraz Khadzimussayevich MATAROV, born on 15/01/1946;Khazrit Tutovich MARGUSHEV, born on 08/04/1965;Vasiliy Alekseyevich TOKAREV, born on 08/01/1956;Shamil Khamidovich UYANAYEV, born on 25/06/1966;Ruslan Bashirovich KHATSUKOV, born on 10/09/1954;
18. Application no. 19541/13 lodged on 17 February 2013:Anzor Khabilovich GEDMISHKHOV, born on 15/10/1968;Nikolay Ivanovich ZARKOV, born on 24/10/1954;Khasan Khazhimurzovich KOCHESOKOV, born on 20/05/1949;Mukhadin Aliyevich KOKOV, born on 13/02/1967;Bail Lyaliyevich NAGOYEV, born on 07/04/1956;Valeriy Yuryevich PUTEVTSOV, born on 28/08/1967;Khusen Gazaliyevich SABANCHIYEV, born on 07/11/1951;
19. Application no. 19549/13 lodged on 11 February 2013:Igor Grigoryevich GREDASOV, born on 23/12/1946;Boris Ivanovich DEGTYARENKO, born on 09/02/1940;Khamid Bubovich KARDANOV, born on 23/12/1954;Yaroslav Yaroslavovich MORSIN, born on 04/08/1965;Nikolay Petrovich POTAPKIN, born on 25/11/1954;Aleksandr Dmitriyevich SEMOCHKIN, born on 26/07/1954;Viktor Gennadyevich SHVEDOV, born on 24/05/1954;Igor Aleksandrovich YURLOV, born on 20/06/1965;
20. Application no. 19556/13 lodged on 11 February 2013:Magomet Tokayevich GOROYEV, born on 21/03/1956;Amir Kushbiyevich GELOYEV, born on 01/04/1966;Boris Pshimakhovich DZUGANOV, born on 07/04/1949;Nyusya Shagbanovna DOKSHUKINA, born on 23/03/1954;Vladimir Andreyevich POTKALO, born on 08/11/1954;Zalimgeri Gisovich TUROV, born on 08/01/1947;Zaur Shagirovich SHOMAKHOV, born on 24/11/1955;Artur Khatsuyevich SHOMAKHOV, born on 22/05/1956
21. Application no. 19687/13 lodged on 11 February 2013:Khusen Mazanovich AYBAZOV, born on 28/02/1948;Kharun Satyvaldyyevich GYZYYEV, born on 01/09/1956;Aleksandr Viktorovich KOSTENKO, born on 18/11/1965;Zhamal Zhapayevich KULBAYEV, born on 24/01/1951;Dmitriy Anatolyevich MININ, born on 19/05/1955;Mustafir Muradinovich OSMANOV, born on 11/05/1956;Aleksandr Nikolayevich FINOGENOV, born on 27/02/1953;
22. Application no. 19697/13 lodged on 11 February 2013:Viktor Ivanovich BIDAK, born on 21/11/1950;Vladimir Aleksandrovich BUDNIKOV, born on 18/05/1957;Anatoliy Khambiyevich DOKHOV, born on 18/10/1954;Khazhmurat Yakhyayevich DZHANKULAYEV, born on 19/08/1966;Nikolay Mikhaylovich MUKOZHEV, born on 06/03/1966;Alisag Mukhamedovich TAKHUSHEV, born on 04/08/1953;Aleksandr Nikolayevich STEPANENKO, born on 27/02/1957;Vyacheslav Anibalovich TSIRKHOV, born on 06/02/1966;
23. Application no. 19722/13 lodged on 13 February 2013:Mutalis Mikhaylovich ALKHASOV, born on 18/10/1967;Khyzyr Khadzhimuratovich KABARDOKOV, born on 12/08/1954;Anatoliy Talevich KONGAPSHEV, born on 30/01/1951;Aleksandr Nikolayevich PLAKHOV, born on 01/06/1949;Vasiliy Ilyich STRIZHAK, born on 13/07/1954;Akhmet Khasultanovich KHARSIYEV, born on 02/01/1955;Makhamadzhan Narbayevich KHAYNAZAROV, born on 01/05/1954;Aleksandr Aleksandrovich CHERNYSHOV, born on 03/12/1949;Nikolay Khadinovich SHIKLYASHEV, born on 02/02/1954;
24. Application no. 22925/13 lodged on 13 February 2013:Sergey Sobirovich ABDURAKHMONOV, born on 14/06/1963;Ruslan Khazhislamovich GONGAPSHEV, born on 13/10/1954;Vladimir Anatolyevich DEREPOVKO, born on 26/02/1940;Valeriy Aleksandrovich KOROVIN, born on 09/09/1952;Aleksey Timofeyevich KOZLOVTSEV, born on 23/01/1952;Sergey Petrovich LAPTEV, born on 30/07/1957;Pavel Alekseyevich NIKITENKO, born on 18/12/1954;Muayed Mastafovich SURMAMETOV, born on 07/02/1956;Zaurbek Ismagilovich SHANIBOV, born on 12/02/1959;
25. Application no. 22935/13 lodged on 13 February 2013:Eduard Chartiyevich ABAZOV, born on 17/06/1968;Fedya Khuseynovich ZHEMGURAZOV, born on 29/07/1956;Sergey Konstantinovich ZYKOV, born on 25/09/1953;Yevgeniy Nikolayevich LAZAREV, born on 09/02/1947;
26. Application no. 22953/13 lodged on 25 February 2013:Tobi Khasanbiyevich KUSHKHOV, born on 07/02/1953;Vladimir Kurgokovich SIBILOV, born on 10/08/1949;Viktor Andreyevich KHALIN, born on 27/09/1954;
27. Application no. 23006/13 lodged on 12 February 2013:Shota Aleksandrovich YERMOLOV, born on 10/07/1939;Vasiliy Ivanovich SHEVYAKOV, born on 01/09/1947;Eduard Borisovich CHIKHRADZE, born on 14/08/1967;Valentina Grigoryevna POLYAKOVA, born on 07/07/1935;Khuseyn Seyfullakhovich GEKKIYEV, born on 06/01/1968;Sergey Otarovich GOBEDZHISHVILI, born on 03/01/1967;Anatoliy Khizirovich ZHAMBIKOV, born on 10/12/1939
28. Application no. 23109/13 lodged on 13 February 2013:Mikhail Vladimirovich BELUNIN, born on 01/01/1955;Nikolay Nikolayevich MARCHENKO, born on 24/07/1949;Gennadiy Andreyevich MOISEYENKO, born on 28/05/1949;Yuriy Grigoryevich MEDVEDEV, born on 23/10/1955;Talgat Avzalovich NURMUKHAMETOV, born on 01/01/1947;Aleksandr Vladimirovich PINYAYEV, born on 06/06/1952;Petr Ivanovich SLIPENKO, born on 15/08/1958;Tayib Ayubovich TADZHIBOV, born on 14/11/1958;
29. Application no. 23135/13 lodged on 13 February 2013:Ivan Semenovich KACHANOV, born on 10/08/1942;Viktor Petrovich LICHMANOV, born on 16/08/1947;Sergey Timofeyevich NIKOLAYEV, born on 24/12/1954;Yuriy Stepanovich OBUKHOV, born on 25/09/1950;Garri Mikhaylovich POGOSOV, born on 03/01/1958;Sergey Leonidovich SADOVOY, born on 31/08/1962;Sergey Viktorovich KHARITONOV, born on 19/10/1950;
30. Application no. 23145/13 lodged on 13 February 2013:Valeriy Akhmatovich GURTUYEV, born on 01/03/1968;Muayed Khusenovich LIGIDOV, born on 29/08/1950;Mukhamed Anatolyevich MAREMSHAOV, born on 25/10/1950;Vasiliy Ivanovich MARTYNYUK, born on 23/09/1951;Zamir Gumarovich TUKHUZHEV, born on 11/12/1956;Khusein Abdullayevich SHAKHABOV, born on 03/04/1955;Nikolay Yakovlevich SHTELVAKH, born on 19/06/1956;Mukharbek Mukhadinovich SHOMAKHOV, born on 29/11/1962;
31. Application no. 23177/13 lodged on 26 March 2013:Vyacheslav Vladimirovich BEZYANOV, born on 26/02/1946;Viktor Ivanovich GAYDAR, born on 18/07/1949;Nikolay Nikolayevich STOLYARENKO, born on 20/09/1958;Viktor Konstantinovich SANKOV, born on 21/07/1947;
32. Application no. 26466/13 lodged on 11 February 2013:Muzafar Tatukovich ATABIYEV, born on 13/05/1966;Boris Aliyevich BEPPAYEV, born on 25/01/1956;Aleksandr Vladimirovich KATASONOV, born on 28/08/1952;Khachim Dinovich PSHIKHACHEV, born on 29/09/1957;Ruslan Yuryevich TUMOV, born on 28/07/1968;Aniuar Zhansitovich TAOV, born on 07/04/1955;Aleksandr Amirkhanovich SHOMAKHOV, born on 10/06/1955;Eduard Dikanovich SHOMAKHOV, born on 28/02/1956;
33. Application no. 58066/13 lodged on 26 August 2013:Ruslan Marufovich NISHANOV, born on 07/06/1964;
34. Application no. 60167/13 lodged on 5 September 2013:Boris Nashkhovich KODZOKOV, born on 10/10/1946.
APPENDIX 2
No.
Application no. / Case Title
Column no. 1
Main judgment taken on (final on)
Column no. 2
Refusal to restore time‑limit for appealing against the main judgment
Column no. 3
Decision to grant restoration of time-limit for appealing against refusal to restore time‑limit (final on)
Column no. 4
Decision to grant restoration of time-limit for appealing against the main judgment
Column no. 5
Decision to quash the main judgment
Column no. 6
1.
11421/13
KABARDOKOV and others v. Russia
12/04/11 (25/04/11)
08/06/11
20/07/12
(22/08/12)
07/09/12
7/09/12
2.
15459/13
AYTEKOV and others v. Russia
18/02/11 (01/03/11)
08/06/11
24/08/12
(27/09/12)
10/10/12
10/10/12
3.
15473/13
ANTONOV and others v. Russia
12/04/11 (22/04/11)
16/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
4.
15625/13
GUKEZHEV and others v. Russia
18/02/11 (01/03/11)
08/06/11
20/07/12
(22/08/12)
07/09/12
7/09/12
5.
15651/13
ARKHIPOV and others v. Russia
10/03/11 (22/03/11)
08/06/11
24/0812
(26/09/12)
12/10/12
12/10/12
6.
18295/13
TAOV and others v. Russia
12/04/11 (22/04/11)
16/06/11
24/08/12
(26/09/12)
12/10/12
12/10/12
7.
18767/13
TANKANG and others v. Russia
11/04/11 (22/04/11)
08/06/11
24/08/12
(26/09/12)
12/10/12
12/10/12
8.
18775/13
TSYB and others v. Russia
24/05/11 (07/06/11)
01/11/11
24/08/12
(20/09/12)
04/10/12
04/10/12
9.
19142/13
BITTIROV and others v. Russia
05/04/11 (18/04/11)
07/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
10.
19161/13
TSIRKHOV and others v. Russia
11/04/11 (22/04/11)
08/06/11
24/08/12
(26/09/12)
12/10/12
12/10/12
11.
19179/13
VLASOV and others v. Russia
10/03/11 (22/03/11)
08/06/11
24/08/12
(26/09/12)
12/10/12
12/10/12
12.
19237/13
VELICHKO and others v. Russia
10/03/11 (22/03/11)
08/06/11
24/08/12
(27/09/12)
10/10/12
10/10/12
13.
19259/13
KHATSUKOV and others v. Russia
11/04/11 (21/04/11)
16/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
14.
19320/13
AFAUNOV and others v. Russia
15/02/11 (01/03/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
15.
19398/13
BORIYEV and others v. Russia
14/02/11 (25/02/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
7/09/12
16.
19408/13
APANASENKO and others v. Russia
10/03/11 (22/03/11)
09/06/11
24/08/12
(26/09/12)
12/10/12
12/10/12
17.
19422/13
BOTTAEV and others v. Russia
12/04/11 (25/04/11)
16/06/11
24/08/12
(27/09/12)
10/10/12
10/10/12
18.
19541/13
GEDMISHKOV and others v. Russia
10/03/11 (22/03/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
19.
19549/13
GERDASOV and others v. Russia
10/03/11 (22/03/11)
09/06/11
24/08/12
(27/09/12)
10/10/12
10/10/12
20.
19556/13
GOROYEV and others v. Russia
12/04/11 (25/04/11)
06/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
21.
19687/13
AYBAZOV and others v. Russia
04/04/11 (15/04/11)
08/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
22.
19697/13
BIDAK and others v. Russia
04/04/11 (15/04/11)
07/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
23.
19722/13
ALKHASOV and others v. Russia
04/04/11 (15/04/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
24.
22925/13 ABDURAKHMONOV and others v. Russia
10/03/11 (22/03/11)
09/06/11
24/08/12
(27/09/12)
10/10/12
10/10/12
25.
22935/13
ABAZOV and others v. Russia
10/03/11 (22/03/11)
08/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
26.
22953/13
KUSHKHOV and others v. Russia
12/04/11 (25/04/11)
08/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
27.
23006/13
YERMOLOV and others v. Russia
11/04/11 (21/04/11)
08/06/11
24/08/12
(26/09/12)
12/10/12
12/10/12
28.
23109/13
BELUNIN and others v. Russia
16/02/11 (01/03/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
7/09/12
29.
23135/13
KACHANOV and others v. Russia
04/04/11 (15/04/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
30.
23145/13
GURTUYEV and others v. Russia
12/04/11 (22/04/11)
16/06/11
24/08/12
(27/09/12)
10/10/12
10/10/12
31.
23177/13
BEZYANOV and others v. Russia
18/02/11 (01/03/11)
08/06/11
15/11/12
(27/12/12)
27/02/13
27/02/13
32.
26466/13
ATABIYEV and others v. Russia
10/03/11 (22/03/11)
09/06/11
20/07/12
(22/08/12)
07/09/12
07/09/12
33.
58066/13
NISHANOV v. Russia
17/01/11-(27/02/11)
06/06/11
16/11/12
(26/12/12)
28/02/13
28/02/13
34.
60167/13
KODZOKOV v. Russia
18/01/11 (28/02/11)
08/06/11
16/11/12
(26/12/12)
28/02/13
06/03/13
APPENDIX 3
No.
Applicants
Amount of awarded compensation
(RUB)
Compensation paid:
- “yes”
- “no”
Khamid Khatutovich KABARDOKOV
1,500,000
Viktor Vladimirovich BOCHARNIKOV
1,500,000
Yuriy Khadisovich GERGOV
1,500,000
Mukhadin Adamovich DOTKULOV
1,500,000
Zamir Misostovich KARDANOV
1,500,000
Gali Ezdanovich SHAOV
1,500,000
Baydulakh Magometovich AYTEKOV
1,500,000
Askerbiy Aslanovich BAYSIYEV
1,500,000
Ivan Grigoryevich ZAIKA
1,500,000
Viktor Mikhaylovich KREMENTSOV
1,500,000
Vasiliy Vasilyevich POPOVICH
1,500,000
Mikhail Mikhaylovich PANCHENKO
1,200,000
Sergey Ivanovich SOBAKAR
1,500,000
Ruslan Galiyevich UMAROV
1,500,000
Sergey Ivanovich ANTONOV
1,500,000
Assad Ogly Abassovich BABAYEV
1,500,000
Vladimir Petrovich BORIYEV
1,500,000
Khamid Khasanovich GUZIYEV
1,500,000
Viktor Vasilyevich DEYKIN
1,500,000
Urazay Musayevich KOKKEZOV
1,500,000
Ramazan Mustafayevich MOKAYEV
1,500,000
Marat Vladimirovich SRUKOV
1,500,000
Timur Khasanovich GUKEZHEV
1,500,000
Gisa Musayevich GUCHAPSHEV
1,500,000
Isuf Abuzedovich KUMYKOV
1,500,000
Mikhail Aniuarovich SARAKHOV
1,500,000
Arsen Khasanbiyevich URUSMAMBETOV
1,500,000
Seyfu Yusufovich KHAIROV
1,500,000
Muayed Khasanovich KHOKONOV
1,300,000
Ivan Timofeyevich ARKHIPOV
1,300,000
Muayed Sultanovich GEDMISHKHOV
1,300,000
Aleksey Dmitriyevich DADONOV
1,300,000
Khasen Vladimirovich ZHUZHUYEV
1,300,000
Vladimir Andreyevich KUDRITSKIY
1,300,000
Aleksandr Alekseyevich LARIN
1,300,000
Nikolay Fedorovich MENYAYLO
1,300,000
Vladimir Abramovich SHPAKOV
1,300,000
Zhora Khasanovich ERZHIBOV
1,300,000
Saladin Khautiyevich TAOV
1,600,000
Stanislav Sergeyevich ANOSOV
1,500,000
Aleksandr Aleksandrovich BORISENKO
1,300,000
Sergey Maratovich MAGOMEDOV
1,500,000
Ruslan Khadisovich MISROKOV
1,300,000
Aleksandr Nikolayevich SVIRIDENKO
1,500,000
Sultan Batyrbiyevich KHAMSHOKOV
1,500,000
Vladimir Grigoryevich TANKANAG
1,200,000
Andemirkan Muratovich KUCHMENOV
1,200,000
Karalbi Gidovich KEREFOV
1,200,000
Viktor Mikhaylovich TSYB
1,200,000
Igor Anatolyevich RYABTSEV
1,200,000
Aleksandr Ilyich KAGITIN
1,200,000
Mustafa Bekiyevich MANIYAYEV
1,200,000
Khasym Yusupovich BITTIROV
1,500,000
Aleksandr Mukharbiyevich ZRUMOV
1,300,000
Viktor Khazhmuratovich KUGOTOV
1,500,000
Auyes Khapitovich TSIRKHOV
1,200,000
Yuriy Alekseyevich NEKRASOV
1,200,000
Nikolay Ivanovich KHRUSHCHEV
1,200,000
Vasiliy Maksimovich LASHIN
1,200,000
Anatoliy Alekseyevich VARCHENKO
1,200,000
Magarram Vali Ogly NASIBOV
1,200,000
Vladimir Ivanovich PARSHAKOV
1,200,000
Viktor Nikolayevich YURCHENKO
1,200,000
Vasiliy Alekseyevich BOBROVENKO
1,200,000
Vladimir Timofeyevich SAVCHENKO
1,200,000
Nikolay Petrovich VLASOV
1,500,000
Vladimir Mikhaylovich KOLOMIYETS
1,500,000
Nikolay Ivanovich PRASOL
1,500,000
Leonid Spiridonovich PURKIN
1,500,000
Aleksandr Nikolayevich PEKAR
1,300,000
Aslanbi Adamovich TANASHEV
1,300,000
Aleksandr Mikhaylovich TOKAREV
1,300,000
Vladimir Nikolayevich VELICHKO
1,300,000
Vladimir Pavlovich ISTOMIN
1,300,000
Nikolay Nikolayevich KONONOV
1,300,000
Yevgeniy Aleksandrovich KILDISHOV
1,300,000
Leonid Talovich KAZHAROV
1,300,000
Sergey Filippovich LEPEKHIN
1,300,000
Pavel Ilyich LOGACHEV
1,300,000
Aleksandr Maksimovich LITYAYEV
1,300,000
Vasiliy Anatolyevich NIKOLAYENKO
1,300,000
Sarazhdin Talovich KHATSUKOV
1,200,000
Ruslan Leonidovich GUKEPSHOKOV
1,200,000
Murid Ayubovich BARAGUNOV
1,200,000
Sergey Ivanovich ARCHAKOV
1,200,000
Murid Borisovich BZHAUMYKHOV
1,200,000
Arsen Khabasovich KODZOKOV
1,200,000
Ashir Margeldyyevich ASHIROV
1,200,000
Albek Auyesovich AFAUNOV
1,500,000
Boris Sarzhudinovich BOKOV
1,500,000
Valeriy Emilevich GUBER
1,500,000
Viktor Semenovich KONTORIN
1,300,000
Vladimir Viktorovich LUKYANOV
1,300,000
Kazbek Safarbiyevich SHAOV
1,500,000
Vitaliy Viktorovich TSARKOV
1,300,000
Murik Blitovich BORIYEV
1,500,000
Anatoliy Adalgeriyevich KUMYKOV
1,500,000
Mukhazhid Mukhamedovich ORGANOKOV
1,500,000
Sergey Semenovich PANYAKIN
1,300,000
Boris Timofeyevich KHOKHLACHEV
1,500,000
Nikolay Konstantinovich APANASENKO
1,500,000
Oleg Valentinovich VOLODIN
1,200,000
Viktor Vladimirovich GLYBIN
1,300,000
Viktor Ivanovich KLOCHKOV
1,500,000
Viktor Petrovich LIKHTINOV
1,500,000
Amir Musarbiyevich PSHIGUSOV
1,300,000
Khasan Kilchukovich SIZHAZHEV
1,300,000
Nikolay Grigoryevich CHIKALENKO
1,500,000
Timosha Khazhpagovich SHADOV
1,300,000
Mikhail Lukmanovich BOTTAYEV
1,500,000
Bilyal Khangeriyevich KARDANOV
1,500,000
Taymoraz Khadzimussayevich MATAROV
1,500,000
Khazrit Tutovich MARGUSHEV
1,500,000
Vasiliy Alekseyevich TOKAREV
1,500,000
Shamil Khamidovich UYANAYEV
1,500,000
Ruslan Bashirovich KHATSUKOV
1,500,000
Anzor Khabilovich GEDMISHKHOV
1,300,000
Nikolay Ivanovich ZARKOV
1,300,000
Khasan Khazhimurzovich KOCHESOKOV
1,300,000
Mukhadin Aliyevich KOKOV
1,300,000
Bail Lyaliyevich NAGOYEV
1,300,000
Valeriy Yuryevich PUTEVTSOV
1,300,000
Khusen Gazaliyevich SABANCHIYEV
1,300,000
Igor Grigoryevich GREDASOV
1,300,000
Boris Ivanovich DEGTYARENKO
1,300,000
Khamid Bubovich KARDANOV
1,200,000
Yaroslav Yaroslavovich MORSIN
1,500,000
Nikolay Petrovich POTAPKIN
1,300,000
Aleksandr Dmitriyevich SEMOCHKIN
1,300,000
Viktor Gennadyevich SHVEDOV
1,300,000
Igor Aleksandrovich YURLOV
1,300,000
Magomet Tokayevich GOROYEV
1,500,000
Amir Kushbiyevich GELOYEV
1,500,000
Boris Pshimakhovich DZUGANOV
1,500,000
Nyusya Shagbanovna DOKSHUKINA
1,500,000
Vladimir Andreyevich POTKALO
1,500,000
Zalimgeri Gisovich TUROV
1,500,000
Zaur Shagirovich SHOMAKHOV
1,500,000
Artur Khatsuyevich SHOMAKHOV
1,500,000
Khusen Mazanovich AYBAZOV
1,500,000
Kharun Satyvaldyyevich GYZYYEV
1,500,000
Aleksandr Viktorovich KOSTENKO
1,500,000
Zhamal Zhapayevich KULBAYEV
1,500,000
Dmitriy Anatolyevich MININ
1,500,000
Mustafir Muradinovich OSMANOV
1,500,000
Aleksandr Nikolayevich FINOGENOV
1,500,000
Viktor Ivanovich BIDAK
1,300,000
Vladimir Aleksandrovich BUDNIKOV
1,300,000
Anatoliy Khambiyevich DOKHOV
1,500,000
Khazhmurat Yakhyayevich DZHANKULAYEV
1,500,000
Nikolay Mikhaylovich MUKOZHEV
1,500,000
Alisag Mukhamedovich TAKHUSHEV
1,500,000
Aleksandr Nikolayevich STEPANENKO
1,300,000
Vyacheslav Anibalovich TSIRKHOV
1,500,000
Mutalis Mikhaylovich ALKHASOV
1,500,000
Khyzyr Khadzhimuratovich KABARDOKOV
1,500,000
Anatoliy Talevich KONGAPSHEV
1,500,000
Aleksandr Nikolayevich PLAKHOV
1,500,000
Vasiliy Ilyich STRIZHAK
1,500,000
Akhmet Khasultanovich KHARSIYEV
1,500,000
Makhamadzhan Narbayevich KHAYNAZAROV
1,500,000
Aleksandr Aleksandrovich CHERNYSHOV
1,500,000
Nikolay Khadinovich SHIKLYASHEV
1,500,000
Sergey Sobirovich ABDURAKHMONOV
1,500,000
Ruslan Khazhislamovich GONGAPSHEV
1,300,000
Vladimir Anatolyevich DEREPOVKO
1,500,000
Valeriy Aleksandrovich KOROVIN
1,500,000
Aleksey Timofeyevich KOZLOVTSEV
1,300,000
Sergey Petrovich LAPTEV
1,300,000
Pavel Alekseyevich NIKITENKO
1,500,000
Muayed Mastafovich SURMAMETOV
1,300,000
Zaurbek Ismagilovich SHANIBOV
1,200,000
Eduard Chartiyevich ABAZOV
1,300,000
Fedya Khuseynovich ZHEMGURAZOV
1,300,000
Sergey Konstantinovich ZYKOV
1,300,000
Yevgeniy Nikolayevich LAZAREV
1,300,000
Tobi Khasanbiyevich KUSHKHOV
1,500,000
Vladimir Kurgokovich SIBILOV
1,500,000
Viktor Andreyevich KHALIN
1,500,000
Shota Aleksandrovich YERMOLOV
1,200,000
Vasiliy Ivanovich SHEVYAKOV
1,200,000
Eduard Borisovich CHIKHRADZE
1,200,000
Valentina Grigoryevna POLYAKOVA
1,200,000
Khuseyn Seyfullakhovich GEKKIYEV
1,200,000
Sergey Otarovich GOBEDZHISHVILI
1,200,000
Anatoliy Khizirovich ZHAMBIKOV
1,200,000
Mikhail Vladimirovich BELUNIN
1,500,000
Nikolay Nikolayevich MARCHENKO
1,300,000
Gennadiy Andreyevich MOISEYENKO
1,300,000
Yuriy Grigoryevich MEDVEDEV
1,500,000
Talgat Avzalovich NURMUKHAMETOV
1,500,000
Aleksandr Vladimirovich PINYAYEV
1,500,000
Petr Ivanovich SLIPENKO
1,300,000
Tayib Ayubovich TADZHIBOV
1,300,000
Ivan Semenovich KACHANOV
1,300,000
Viktor Petrovich LICHMANOV
1,300,000
Sergey Timofeyevich NIKOLAYEV
1,300,000
Yuriy Stepanovich OBUKHOV
1,300,000
Garri Mikhaylovich POGOSOV
1,300,000
Sergey Leonidovich SADOVOY
1,300,000
Sergey Viktorovich KHARITONOV
1,300,000
Valeriy Akhmatovich GURTUYEV
1,500,000
Muayed Khusenovich LIGIDOV
1,500,000
Mukhamed Anatolyevich MAREMSHAOV
1,500,000
Vasiliy Ivanovich MARTYNYUK
1,500,000
Zamir Gumarovich TUKHUZHEV
1,200,000
Khusein Abdullayevich SHAKHABOV
1,500,000
Nikolay Yakovlevich SHTELVAKH
1,500,000
Mukharbek Mukhadinovich SHOMAKHOV
1,500,000
Vyacheslav Vladimirovich BEZYANOV
1,500,000
Viktor Ivanovich GAYDAR
1,500,000
Nikolay Nikolayevich STOLYARENKO
1,500,000
Viktor Konstantinovich SANKOV
1,500,000
Muzafar Tatukovich ATABIYEV
1,500,000
Boris Aliyevich BEPPAYEV
1,500,000
Aleksandr Vladimirovich KATASONOV
1,500,000
Khachim Dinovich PSHIKHACHEV
1,500,000
Ruslan Yuryevich TUMOV
1,500,000
Aniuar Zhansitovich TAOV
1,500,000
Aleksandr Amirkhanovich SHOMAKHOV
1,500,000
Eduard Dikanovich SHOMAKHOV
1,500,000
Ruslan Marufovich NISHANOV
1,500,000
Boris Nashkhovich KODZOKOV
1,500,000
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