16.11.2007
УПОЛНОМОЧЕННЫЙ РОССИЙСКОЙ ФЕДЕРАЦИИ
ПРИ ЕВРОПЕЙСКОМ СУДЕ ПО ПРАВАМ ЧЕЛОВЕКА
Representative
of the Russian Federation
at the European Court of Human Rights
Representant
de la Federation de Riissie aupres de la Cour Europeenne des Droits de
PHomme
Zhitnaya, Moscow, 119991
tel. (495) 230-42-40, fax (495) 230-41-93
Mr Soren MELSEN First Section Registrar, European Court of Human Rights
COUNCIL OF EUROPE STRASBOURG - FRANCE
Application no. 43724/05
Sverdlovsk Regional Branch of Russian Labour Party v. Russia
Dear Sir,
I confirm the receipt of your letter of 27 September 2007 inviting the
authorities of the Russian Federation to inform the Court of their
position regarding awarding just satisfaction to the applicant on
above application.
In this connection, the authorities of the Russian Federation would
like to note that no satisfaction should be awarded to the applicant
since the authorities of the Russian Federation do not see any
violation of the applicant's rights.
However, if the Court finds any violation of the Convention or
Protocols to it, the finding of a violation would be adequate just
satisfaction.
On the assumption of the character of the alleged violation of Article
11 of the Convention, the applicant does not claim the compensation of
pecuniary damage. Thus, as to non-pecuniary damage, the Russian
Federation authorities deem the applicant's claim for 5000 euros
should be considered as wholly excessive and unreasonable. The Russian
Federation authorities submit that the Sverdlovsk Regional Branch of
Political Party "The Russian Party of Labor" now does not exist, as on
the specified branch reflected the reorganization of Political Party
"The Russian Party of Labor" (which bona fide changed the charter and
the name) which structural division was the applicant. Also it is
sufficient to point out that by 1 January 2007 the quantity of
Sverdlovsk Regional Branch of Political Party "The Patriots of Russia"
was 512 members, that in 4 times exceeds quantity of members of the
Sverdlovsk Regional Branch of Russian Labor Party as by 17 September
2002. So, the Sverdlovsk Regional Branch of Political Party "The
Patriots of Russia" carries out the activity in full and the present
Sverdlovsk Regional Branch of Political Party does not claim the
violation of the alleged right, guaranteed by the named Article. At
that, no evidence had been represented by the applicants to prove that
they had suffered non-pecuniary damage and that their was a causal
link between the damage and the facts of the applicants case.
Concerning legal costs and expenses, the Russian Federation
authorities suppose that the applicant's claims for the compensation
of legal expenses related to the proceeding in the Court should be
considered as wholly unsubstantiated. At that the Russian Federation
authorities would like to note that according to the Court's case law,
the applicant is entitled to reimbursement of their costs and expenses
only in so far as it has been shown that these have been actually and
necessarily incurred and were reasonable as to quantum. Thus, the
applicant failed to prove documentary any argued costs and expenses.
Yours faithfully,
V. Milinchuk
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