Судебное дело "Сутяжник против России (8269/02)"
17.07.2006
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 Russie auprus de
la Cour Europееnne des Droits de I'Homme
Mr. Sоrcn NIELSЕN First Section Registrar, European Court of Human
Rights
COUNCIL OF EUROPE STRASBOURG - FRANCE
Application no. 8269/02 SUTYAZHNIK v. Russia
Dear Sir,
The Russian Federation authorities acknowledge the receipt of your
letter of 16 May 2006 on above application. As regards the applicant's
claims for just satisfaction the Russian Federation authorities advise
the court of the following.
Independently from the results of procedure of friendly settlement on
above application the Russian Federation authorities would like to
note that the sum of 3000 Euro claimed by the applicant-company is
ill-founded and anyway excessive.
The actions of the High Arbitration (Commercial) Court of the Russian
Federation strictly complied with the national legislation and
provisions of the Convention. Further arguments in this respect will
be forwarded to the European Court on 14 June 2006.
The applicant's speculations about "the risk of being dissolved" are
completely unsubstantiated. First of all its status of legal entity
has never been abolished and "Sutyazhnik" has the relevant
registration number in the Unified State Registry List of Legal
Entities.
Moreover the legal practice of the Constitutional Court of the Russian
Federation (Decision of the Constitutional Court of the Russian
Federation of 7 February 2002 No. 7-0) (copy is enclosed) clearly
shows that in similar situations according to the Russian Federation
Constitution formal ground like the absence of the re-registration in
no way can be the only one for the purposes of compulsory liquidation
of legal entities. The existence of substantial grounds (e.g. holding
of activity incompatible with the provisions of the Russian Federation
Constitution, etc) is completely necessary. For the above reasons the
applicant's fears are completely groundless.
The Russian Federation authorities notes that the applicant submitted
no claims in respect of any pecuniary damage or costs and expenses.
On the above stated the Russian Federation authorities submit that
possible finding a violation anyway would be the sufficient just
satisfaction in the present case.
Yours faithfully,
Pavel Laptev
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