CASE OF KOROBEYNIKOV v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court)
Dmitry Dedov;Luis López Guerra
5. The applicant was born in 1963 and lives in Pyatigorsk. 6. The applicant took part in the cleaning-up operation at the Chernobyl nuclear disaster site. He was subsequently registered disabled by Ukrainian authorities, becoming entitled to various social benefits. 7. In September 1999 the applicant settled in Russia. The welfare authorities rejected re-establishing the applicant’s disability status. The applicant challenged the rejection before the courts. 8. On 30 August 2005 the Pyatigorsk Town Court granted the applicant’s claim and ordered the Administration of Labour and Social Security of the Population of Pyatigorsk to issue a certificate of benefits. 9. On 20 September 2009 the judgment became final. 10. On 18 October 2005 the applicant was issued with the certificate of benefits. 11. On 1 November 2006 the Presidium of Stavropol Regional Court allowed the defendant authority’s application for supervisory review and quashed the judgment of 30 August 2005, considering that the lower courts misapplied the material law. The case was remitted for fresh consideration. 12. On 13 December 2006 the the Pyatigorsk Town Court discontinued the proceedings since the parties failed to appear.