Дело "Кировлеса" в ЕСПЧ
124. The Government submitted that there had been no violation of Article 7 of the Convention as regards the applicants, both of whom had been convicted of large-scale embezzlement, a criminal offence under Article 160 § 4 of the Criminal Code. They maintained that the relevant domestic courts had correctly decided on the legal classification of the offence, in accordance with the Supreme Court’s guidelines of 27 December 2007. They also noted that the applicants’ appeal on points of law had been rejected at a higher level.
125. The applicants contended that they had been convicted of a criminal offence for acts that had been perfectly legal. They claimed that the scope and purpose of Article 160 of the Criminal Code as interpreted by the Supreme Court had not allowed criminal liability to be extended to theft by persons who had acted lawfully.
126. The Court has established above that the domestic courts applied criminal law arbitrarily and found the applicants guilty of acts indistinguishable from regular commercial activities (see paragraph 115 above), in violation of Article 6 of the Convention.
http://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-161060%22]}
6. Holds,
(a) by six votes to one, that the respondent State is to pay each applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 8,000 (eight thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) unanimously, that the respondent State is to pay the first applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 48,053 (forty‑eight thousand and fifty-three euros) in respect of costs and expenses, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(c) unanimously, that the respondent State is to pay the second applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 22,893 (twenty-two thousand eight hundred and ninety‑three euros) in respect of costs and expenses, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(d) unanimously, that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
125. The applicants contended that they had been convicted of a criminal offence for acts that had been perfectly legal. They claimed that the scope and purpose of Article 160 of the Criminal Code as interpreted by the Supreme Court had not allowed criminal liability to be extended to theft by persons who had acted lawfully.
126. The Court has established above that the domestic courts applied criminal law arbitrarily and found the applicants guilty of acts indistinguishable from regular commercial activities (see paragraph 115 above), in violation of Article 6 of the Convention.
http://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-161060%22]}
6. Holds,
(a) by six votes to one, that the respondent State is to pay each applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 8,000 (eight thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) unanimously, that the respondent State is to pay the first applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 48,053 (forty‑eight thousand and fifty-three euros) in respect of costs and expenses, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(c) unanimously, that the respondent State is to pay the second applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 22,893 (twenty-two thousand eight hundred and ninety‑three euros) in respect of costs and expenses, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(d) unanimously, that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;