Judgment (Merits and Just Satisfaction) of Court (First Section Committee), June 11, 2015 (case CASE OF KOBERNIK v. RUSSIA)

Defense:RUSSIA
Resolution Date:June 11, 2015
Issuing Organization:Court (First Section Committee)

FIRST SECTION

CASE OF KOBERNIK v. RUSSIA

(Application no. 30711/03)

JUDGMENT

STRASBOURG

11 June 2015

This judgment is final but it may be subject to editorial revision.

In the case of Kobernik v. Russia,

The European Court of Human Rights (First Section), sitting as a Committee composed of:

             Khanlar Hajiyev, President,              Julia Laffranque,              Erik Møse, judges,and André Wampach, Deputy Section Registrar,

Having deliberated in private on 19 May 2015,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in an application (no. 30711/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr Viktor Vasilyevich Kobernik (“the applicant”), on 27 August 2003.

  2. The Russian Government (“the Government”) were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

  3. On 20 September 2007 the application was communicated to the Government.

    THE FACTS

    1. THE CIRCUMSTANCES OF THE CASE

  4. The applicant was born in 1946 and lives in Bataysk, Rostov Region.

  5. In 1987 the applicant took part in emergency operations at the site of the Chernobyl nuclear plant disaster. As a result the applicant suffered from extensive exposure to radioactive emissions.

  6. In 1993 due to that fact he was granted status of a disabled person and awarded a monthly compensation, to be adjusted once a year in line with the minimum subsistence amount (величина прожиточного минимума).

    1. First round of court proceedings

  7. In 2002 the applicant brought proceedings against the Bataysk Social Security Office (Отдел социальной защиты населения г. Батайска) seeking indexation of the compensation amount and payment of the respective arrears for the previous years.

  8. On 21 January 2003 the Bataysk Town Court rendered a judgment ordering the increase of the monthly allowances due to the applicant in line with the increase of the minimal subsistence amount in the Rostov Region. In re-calculating the amount of the applicant’s allowances the court applied the multiplier of 1.92 based on the data provided by the regional committee on statistics. As a result, the monthly allowance increased up to 4,800 Russian roubles (RUB), and monthly food allowance increased up to RUB 576. The court ordered the defendant to pay the applicant the recalculated amount as from 1 January 2002 less the sums already paid. On 16 April 2003 the judgment was upheld on appeal by the Rostov Regional Court and entered into force.

    1. Supervisory review proceedings

  9. On an unspecified date the Bataysk Social Security Office appealed to the Rostov Regional Court by way of supervisory review seeking to quash the judgment of 21 January 2003. On 30 June 2003 the judge-rapporteur refused to initiate the supervisory review proceedings.

  10. On an unspecified date the Bataysk Social Security Office lodged a new supervisory review complaint, now with the President of the Rostov Regional Court. The President granted the application. On 24 October 2003 the case was transferred to the Presidium of the Rostov Regional Court for the examination on the merits.

  11. On 4 December 2003 the Presidium of the Rostov Regional Court quashed the judgment of 21 January 2003 stating that the first instance court’s calculation of the compensation amount had not been supported by evidence and that the first instance court had misinterpreted the domestic law. The case was remitted to the Bataysk Town Court for a fresh examination.

    1. Second round of court proceedings

  12. On 25 December...

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