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620075
620075 POCCÈß/RUSSIA
FIRST
SECTION
15
January 2004
ECHR-LE4.1R GID/jp
Application
no. 8269/02
SUTYAZHNIK
v. Russia
Dear
Sir,
I
write to inform you that following a preliminary examination of the admissibility
of the above application, the President of the Chamber to which the case
has been allocated decided, on 8 January 2004, under Rule 54 § 2 (b) of
the Rules of Court, that notice of the application
should be given to the Government of Russia
and that the Government should be invited
to submit written observations on the admissibility and merits of the case by 7
April 2004.
The
Government have been requested deal with
the following question:
-
was there a breach of the applicant association's right to a court under
Article 6 § 1 of the
Convention, as a result of the quashing of the judgment of 17
June 1999
by way of the supervisory review?
The
Government's observations will be sent to you in order that you may submit written
observations in reply on behalf of the applicant. Under Rule 34 § 4 (a)
of the Rules of Court, the Government have been authorised
to submit their observations within the above time-limit in Russian if
they so prefer. In that event, the observations in one of the Court's official
languages should reach the Court by 5
May
2004. I
should also inform you that at this stage of the proceedings free legal
aid may be applied for under
the Court's legal aid scheme by applicants who have insufficient means
to pay for legal representation.
I enclose a copy of the relevant chapter of the Rules of Court for your
information. You should let me know as soon as possible whether an application
for legal aid will be made in the
present case. The necessary forms will then be sent to you.
I
enclose for your information statements of facts prepared by the Registry.
Yours
faithfully,
Annex
Application
no. 8269/02
by
SUTYAZHNIK
againstRussia
STATEMENT
OF FACTS
The
applicant association, "Sutyazhnik", is a non-governmental organisation,
created in 1994 in Sverdlovsk Region, Russia.
It is represented before the Court by its president, S.I. Belyayev.
A.
The circumstances of the case
The
facts of the case, as submitted by the applicant association, may be summarised
as follows.
The
applicant association is a non-governmental organisation,
which was registered in
1994
by the Sverdlovsk Regional Department of Justice.
In 1995 a new law on nongovernmental organisations
was adopted. The law required that allNGOs
established before
1995 be
re-registered before 1
July 1999.
The applicant association applied twice for re-registration to the Regional
Department of Justice ("the Department"). However, their applications
were refused.
The
applicant association brought an action against the Department seeking
its re-registration. On 17
June 1999
the Commercial Court of the Sverdlovsk Region satisfied the applicant
association's claim and ordered the Department to register the applicant
association. This decision was upheld by the Federal Commercial Court of
the Ural Circuit on 18
October 1999.
On
an unspecified date the Vice-President of the Supreme
Commercial Court
brought an extraordinary
appeal (nadsop) against the decisions
of 17 June and 18
October 1999.
On 26
September 2000
the Presidium of the Supreme Commercial Court of the Russian Federation
quashed the lower courts' decisions by way of supervisory review on the
ground that
the dispute at issue was outside the competence of the commercial courts.
The proceedings were discontinued.
According
to the applicant association, on several occasions it applied to the Commercial Court
of the Sverdlovsk Region with a view to initiate enforcement proceedings
against the Department,
but to no avail. The applicant association submits that it was informed
about the decision of the Presidium of the Supreme Commercial Court of
the Russian
Federation
of 26 September
2000
only in November 2001.
B.
Relevant domestic law
For
the relevant provisions see the Ryabykhv. Russiajudgment
of 24
July 2003(no.
52854/99).
COMPLAINT
Under
Article 6 § 1 of the Convention the applicant association complains that
its right to a court was breached by the domestic courts as a result of
the quashing of the final judgment of 17
June 1999.