Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  YEVDOKIMOV AND OTHERS v. RUSSIA

  Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - ...

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (38)Neu Zitiert selbst (16)

• EGMR, 13.07.2000 - 39221/98

  SCOZZARI ET GIUNTA c. ITALIE

  Auszug aus EGMR, 16.02.2016 - 27236/05

  This situation in principle calls for the adoption of general measures by the respondent State, which remains, subject to monitoring by the Committee of Ministers, free to choose the means by which it will discharge its legal obligation under Article 46 of the Convention, provided that such means are compatible with the conclusions set out in the Court's judgment (see Scozzari and Giunta v. Italy [GC], nos. 39221/98 and 41963/98, § 249, ECHR 2000-VIII; and Broniowski v. Poland [GC], no. 31443/96, § 192, ECHR 2004-V).
• EGMR, 08.02.2005 - 55853/00

  MILLER v. SWEDEN

  Auszug aus EGMR, 16.02.2016 - 27236/05

  Thus, leave-to-appeal proceedings and proceedings involving only questions of law, as opposed to questions of fact, may comply with the requirements of Article 6, even if the appellant was not given an opportunity of being heard in person by the appeal or cassation court (see Miller v. Sweden, no. 55853/00, § 30, 8 February 2005).
• EGMR, 14.11.2000 - 35115/97

  RIEPAN v. AUSTRIA

  Auszug aus EGMR, 16.02.2016 - 27236/05

  In such cases, the State is under an obligation to take compensatory measures to ensure that the public and the media are duly informed about the place of the hearing and are granted effective access (see Starokadomskiy v. Russia (no. 2), no. 27455/06, §§ 55-63, 13 March 2014, and Riepan v. Austria, no. 35115/97, § 30, ECHR 2000-XII).

 
• EGMR, 13.03.2014 - 27455/06

  STAROKADOMSKIY v. RUSSIA (No. 2)

  Auszug aus EGMR, 16.02.2016 - 27236/05

  In such cases, the State is under an obligation to take compensatory measures to ensure that the public and the media are duly informed about the place of the hearing and are granted effective access (see Starokadomskiy v. Russia (no. 2), no. 27455/06, §§ 55-63, 13 March 2014, and Riepan v. Austria, no. 35115/97, § 30, ECHR 2000-XII).
• EGMR, 30.10.2014 - 18967/07

  DAVYDOV v. RUSSIA

  Auszug aus EGMR, 16.02.2016 - 27236/05

  A finding by the Court of a violation of the Convention or its Protocols is a ground for reopening civil proceedings under Article 392 §§ 2(2) and 4(4) of the Code of Civil Procedure and for reviewing the domestic judgments in the light of the Convention principles established by the Court (see Davydov v. Russia, no. 18967/07, §§ 10-15, 30 October 2014).
• EGMR, 03.07.2012 - 28095/08

  SIWIEC v. POLAND

  Auszug aus EGMR, 16.02.2016 - 27236/05

  Thus, the questions of personal presence, the form of the proceedings - oral or written - and legal representation are interlinked and must be analysed in the broader context of the "fair trial" guarantee of Article 6. The Court should establish whether the applicant, a party to the civil proceedings, had been given a reasonable opportunity to have knowledge of and comment on the observations made or evidence adduced by the other party and to present his case under conditions that did not place him at a substantial disadvantage vis-à-vis his opponent (see Siwiec v. Poland, no. 28095/08, § 47, 3 July 2012; Larin v. Russia, no. 15034/02, §§ 35-36, 20 May 2010; Krcmár and Others v. the Czech Republic, no. 35376/97, § 39, 3 March 2000, and Dombo Beheer B.V. v. the Netherlands, 27 October 1993, § 33, Series A no. 274).
• EGMR, 27.10.1993 - 14448/88

  DOMBO BEHEER B.V. v. THE NETHERLANDS

  Auszug aus EGMR, 16.02.2016 - 27236/05

  Thus, the questions of personal presence, the form of the proceedings - oral or written - and legal representation are interlinked and must be analysed in the broader context of the "fair trial" guarantee of Article 6. The Court should establish whether the applicant, a party to the civil proceedings, had been given a reasonable opportunity to have knowledge of and comment on the observations made or evidence adduced by the other party and to present his case under conditions that did not place him at a substantial disadvantage vis-à-vis his opponent (see Siwiec v. Poland, no. 28095/08, § 47, 3 July 2012; Larin v. Russia, no. 15034/02, §§ 35-36, 20 May 2010; Krcmár and Others v. the Czech Republic, no. 35376/97, § 39, 3 March 2000, and Dombo Beheer B.V. v. the Netherlands, 27 October 1993, § 33, Series A no. 274).
• EGMR, 03.03.2000 - 35376/97

  KRCMAR AND OTHERS v. THE CZECH REPUBLIC

  Auszug aus EGMR, 16.02.2016 - 27236/05

  Thus, the questions of personal presence, the form of the proceedings - oral or written - and legal representation are interlinked and must be analysed in the broader context of the "fair trial" guarantee of Article 6. The Court should establish whether the applicant, a party to the civil proceedings, had been given a reasonable opportunity to have knowledge of and comment on the observations made or evidence adduced by the other party and to present his case under conditions that did not place him at a substantial disadvantage vis-à-vis his opponent (see Siwiec v. Poland, no. 28095/08, § 47, 3 July 2012; Larin v. Russia, no. 15034/02, §§ 35-36, 20 May 2010; Krcmár and Others v. the Czech Republic, no. 35376/97, § 39, 3 March 2000, and Dombo Beheer B.V. v. the Netherlands, 27 October 1993, § 33, Series A no. 274).
• EGMR, 02.09.2004 - 56786/00

  BELAN v. RUSSIA

  Auszug aus EGMR, 16.02.2016 - 27236/05

  Any party may, as a matter of course, waive this right of his or her own free will and there will be no breach of the fair-hearing principle under Article 6 of the Convention as long as the waiver has been established in an unequivocal manner (see Sejdovic v. Italy [GC], no. 56581/00, § 86, ECHR 2006-II; Gladkiy v. Russia, no. 3242/03, §§ 105-09, 21 December 2010; and Belan v. Russia (dec.), no. 56786/00, 2 September 2004).
• EGMR, 02.02.2010 - 29647/08

  KABWE v. THE UNITED KINGDOM

  Auszug aus EGMR, 16.02.2016 - 27236/05

  29647/08 and 33269/08, 2 February 2010, and Marcello Viola v. Italy, no. 45106/04, § 70, ECHR 2006-XI (extracts)).
• EGMR, 25.11.2003 - 57795/00

  PURSIHEIMO v. FINLAND
• EGMR, 09.10.1979 - 6289/73

  AIREY v. IRELAND
• EGMR, 21.12.2010 - 3242/03

  GLADKIY v. RUSSIA
• EGMR, 15.02.2005 - 68416/01

  STEEL ET MORRIS c. ROYAUME-UNI
• EGMR, 05.02.2015 - 22251/08

  BOCHAN v. UKRAINE (No. 2)
• EGMR, 29.10.1991 - 11826/85

  HELMERS c. SUÈDE

• EGMR, 15.02.2024 - 45302/19

  BURTSEV AND OTHERS v. RUSSIA

  27236/05 and 10 others, 6 February 2016, concerning domestic courts' refusal to bring detainees to hearings in civil cases).
• EGMR, 08.11.2016 - 64160/11

  PÖNKÄ v. ESTONIA

  In assessing whether there has been a violation of Article 6 § 1 on account of the lack of an oral hearing, the Court has also examined whether the requirements of fairness were complied with and did not necessitate an oral hearing, and in particular, whether the applicants were given an opportunity to put forward their case in writing and to comment on the submissions of the other party (see Vilho Eskelinen and Others, cited above, § 74; see also Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 22, 16 February 2016, where the Court reiterated that the questions of personal presence, the form of the proceedings - oral or written - and legal representation are interlinked and must be analysed in the broader context of the "fair trial" guarantee of Article 6).

  We agree that a court dismissing a request for an oral hearing should, as a matter of principle, give reasons why it believes that the absence of the requesting party from the hearing will not be prejudicial to the fairness of the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 36, 16 February 2016).

• EGMR, 11.01.2024 - 41539/18

  GALEYEV AND OTHERS v. RUSSIA

  27236/05 and 10 others, §§ 17-53, 16 February 2016, concerning domestic courts' refusal to bring detainees to hearings in civil cases).

 
• EGMR, 15.01.2019 - 43852/12

  BELYAYEV v. RUSSIA

  For domestic law and practice relevant to the participation of detainees in civil proceedings, see Yevdokimov and Others v. Russia (nos. 27236/05 and 10 others, §§ 9-15, 16 February 2016).

  The Court's analysis of alleged violations of the right to a fair trial in respect of cases where incarcerated applicants have complained about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which the domestic courts assessed the question of whether the nature of the dispute required the applicants" personal presence, and determination of whether the domestic courts put in place any procedural arrangements aimed at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

• EGMR, 12.04.2018 - 17071/05

  BOZHKOV AND OTHERS v. RUSSIA

  The Court's analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants" personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

  27236/05 and 10 others, 16 February 2016, the Court already found a violation in respect of issues similar to those in the present case.

• EGMR, 21.02.2019 - 24816/17

  ALEKSEYEV AND OTHERS v. RUSSIA

  The Court's analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants" personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

  27236/05 and 10 others, 16 February 2016, the Court already found a violation in respect of issues similar to those in the present case.

• EGMR, 20.09.2018 - 28590/11

  ANTIPIN AND OTHERS v. RUSSIA

  The Court's analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants" personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

  27236/05 and 10 others, 16 February 2016, the Court already found a violation in respect of issues similar to those in the present case.

• EGMR, 14.06.2018 - 40913/14

  RUMYANTSEV AND OTHERS v. RUSSIA

  The Court's analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants" personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

  27236/05 and 10 others, 16 February 2016, the Court already found a violation in respect of issues similar to those in the present case.

• EGMR, 06.07.2017 - 48836/09

  CHEPINOGA AND OTHERS v. RUSSIA

  The Court's analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants" personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

  27236/05 and 10 others, 16 February 2016, the Court already found a violation in respect of issues similar to those in the present case.

• EGMR, 06.04.2017 - 46892/09

  BIRYUKOV AND OTHERS v. RUSSIA

  The Court's analysis of an alleged violation of the right to a fair trial in respect of cases where incarcerated applicants complain about their absence from hearings in civil proceedings includes the following elements: examination of the manner in which domestic courts assessed the question whether the nature of the dispute required the applicants" personal presence and determination whether domestic courts put in place any procedural arrangements aiming at guaranteeing their effective participation in the proceedings (see Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, § 48, 16 February 2016).

  27236/05 and 10 others, 16 February 2016, the Court already found a violation in respect of issues similar to those in the present case.

• EGMR, 06.04.2017 - 47485/11

  FROLOV AND OTHERS v. RUSSIA
• EGMR, 06.04.2017 - 2421/13

  MIKHAYLOV AND OTHERS v. RUSSIA
• EGMR, 09.11.2017 - 59591/12

  GROMOVOY AND OTHERS v. RUSSIA
• EGMR, 26.10.2023 - 51678/15

  PETERMAN AND OTHERS v. RUSSIA
• EGMR, 24.03.2022 - 5386/10

  ZAYIDOV v. AZERBAIJAN (No. 2)
• EGMR, 19.10.2017 - 72624/10

  TSALKITZIS v. GREECE (No. 2)
• EGMR, 26.10.2023 - 33771/16

  KORABLEV AND OTHERS v. RUSSIA
• EGMR, 20.05.2021 - 53594/12

  KOVALEV AND OTHERS v. RUSSIA
• EGMR, 19.01.2021 - 45431/14

  TIMOFEYEV ET POSTUPKIN c. RUSSIE
• EGMR, 04.06.2020 - 44363/14

  IVANOV AND OTHERS v. RUSSIA
• EGMR, 02.12.2021 - 36516/19

  JALLOW v. NORWAY
• EGMR, 31.05.2016 - 3189/07

  OLGA NAZARENKO c. RUSSIE
• EGMR, 28.11.2023 - 15736/22

  ALPPI v. FINLAND
• EGMR, 28.07.2022 - 14277/19

  MOLDORATOV AND OTHERS v. RUSSIA
• EGMR, 21.07.2022 - 17016/19

  VOLKOV v. RUSSIA
• EGMR, 23.06.2022 - 22506/20

  BELOSLUDTSEV v. RUSSIA
• EGMR, 21.01.2021 - 56911/14

  SHIGALEV v. RUSSIA
• EGMR, 16.01.2020 - 56255/15

  LYAKH AND KOZHUKOV v. RUSSIA
• EGMR, 26.07.2018 - 15783/10

  UTIMISHEV AND OTHERS v. RUSSIA
• EGMR - 19897/15 (anhängig)

  RESIN v. RUSSIA
• EGMR - 23734/21 (anhängig)

  DATSKO v. RUSSIA and 1 other application
• EGMR, 30.06.2022 - 26545/20

  PONKRATOV v. RUSSIA
• EGMR, 06.07.2017 - 61662/13

  GORDEYEV AND OTHERS v. RUSSIA
• EGMR, 06.04.2017 - 11127/08

  POBEREZHYEV AND OTHERS v. RUSSIA
• EGMR, 06.04.2017 - 36907/12

  ORLOV AND OTHERS v. RUSSIA
• EGMR, 24.02.2022 - 72900/11

  ANTONOV v. RUSSIA
• EGMR, 20.07.2017 - 59297/09

  POLOMKIN AND OTHERS v. RUSSIA
• EGMR, 16.03.2017 - 71394/13

  FEDYUSHIN v. RUSSIA