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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