CASE OF DOLBIN v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Reasonable time);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
5. The applicant was born in 1952 and lives in Rostov region. He took part in the clean-up operation at the Chernobyl nuclear disaster site. He was subsequently registered disabled, and became entitled to various social benefits. 6. In February 2003 the applicant brought proceedings claiming that his benefits should be increased in accordance with a particular method. The adjustment method suggested by the applicant was approved by the domestic courts, which in addition increased the social benefits to which he was entitled to in 2002 in accordance with this same method (judgment of 25 February 2003). 7. In June 2003 the applicant brought a similar set of proceedings in respect of social benefits to which he was entitled to during the first six months of 2003. Relying on their previous judgment by which they approved the adjustment method suggested by the applicant, the domestic courts increased his social benefits for the new period accordingly (judgment of 18 June 2003). 8. In October 2003 the judgment of 25 February 2003 approving the adjustment method suggested by the applicant was quashed by a supervisory review court. 9. In March 2004 the domestic courts quashed on the basis of newly discovered circumstances the judgment delivered on 18 June 2003 on the ground that it was based on the judgment delivered in February 2003 but quashed since then by way of supervisory review. 10. Both judgments, of February and June 2003, remained unenforced prior to their quashing. 11. In 2006 the applicant brought proceedings against welfare authorities claiming arrears for various benefits as well as indexation of those benefits. The Zernogradskiy District Court of the Rostov Region granted the applicant’s claims (judgment of 19 June 2006, upheld on 18 July 2006). This judgment remained unenforced for fourteen months.