CASE OF KOKSHAROVA v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Dmitry Dedov;Julia Laffranque;Khanlar Hajiyev
5. The applicant is a Russian national who was born in 1930 and lives in Arkhangelsk. 6. The facts of the case, as submitted by the parties, may be summarised as follows. 7. On 19 February 2001 the applicant brought a court action against the Social Security Fund of the Russian Federation (Фонд социального страхования Российской Федерации) for compensation of health damage. 8. On 4 April 2001 her claim was dismissed by the Oktyabrskiy District Court of Arkhangelsk. The decision was quashed on appeal and the case was remitted for a fresh examination to the same court. 9. On 3 June 2002 the Oktyabrskiy District Court of Arkhangelsk granted the applicant’s claim and ordered the Social Security Fund (i) to calculate the amount of the lump-sum compensation for the period from 1 January 2000 to May 2002 and of the monthly compensation which should be paid from 1 June 2002, (ii) to pay these amounts to the applicant, and (iii) to index-link the monthly payments in future in accordance with national law. 10. The judgment was not appealed against and became final on 13 June 2002. 11. The applicant states that no lump-sum compensation was paid to her. 12. On 26 August 2002 the Social Security Fund calculated the monthly payments due to the applicant as of 15 November 2001. 13. On 18 December 2002 the President of the Arkhangelsk Regional Court lodged with the Presidium of that court an application for supervisory review of the judgment of 3 June 2002. He also suspended the execution of the judgment pending the supervisory review proceedings. 14. On the same date the Arkhangelsk Regional Court informed the applicant that the Presidium would examine her case on 25 December 2002. 15. On 25 December 2002 the Presidium quashed the judgment of 3 June 2002 stating that the first instance court had incorrectly applied domestic law: the lump-sum compensation should have been calculated from 15 November 2001 and not 1 January 2000. The case was remitted for a fresh examination to the first instance court. 16. On 25 June 2003 the Oktyabrskiy District Court dismissed the applicant’s claim. 17. On 28 July 2003 the Arkhangelsk Regional Court upheld the judgment.