Communicated on 5 February 2018
THIRD SECTION
Application no. 35043/11
Tatyana Yuryevna ANDREYEVA and Others against Russia
and 7 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Russian nationals living in various regions of the Russian Federation. The application numbers, dates, the applicants’ names and their personal details are set out in the appendix.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
On various dates the applicants brought proceedings against private parties and obtained final court decisions in their favour. The decisions, by which private persons were ordered to pay the applicants certain sums and perform certain acts, became final and enforceable.
The Bailiffs’ Service initiated enforcement proceedings against the debtors. Discontented with the lack of progress in the enforcement proceedings, the applicants applied to have the bailiffs’ actions or inaction recognised as unlawful. The domestic courts ruled in the applicants’ favour.
The applicants initiated civil proceedings under Article no. 1069 of the Civil Code against the respective State authorities, claiming monetary relief for the State’s failure to assist them in enforcing the judgments against the private parties. Some applicants were denied monetary relief, while others found their award to be too small.
COMPLAINTS
The applicants complain under Article 6 § 1 of the Convention of a failure by the State to provide them adequate and efficient legal assistance in the enforcement of judgements against private parties.
Mr Ivanyuk also complains under Article 1 of Protocol No. 1 to the Convention that a failure by the State to assist him in the enforcement of the judgments resulted in a violation of his property rights.
QUESTIONS TO THE PARTIES
1. Have the judgments delivered in the applicants’ favour been enforced? If so, what is the date of the full enforcement of each judgement?
2. Did the State authorities duly assist the applicants in the enforcement of the judgments against private parties, as required by Article 6 § 1 of the Convention? (see Kesyan v. Russia, no. 36496/02, §§ 64-65, 19 October 2006; Kunashko v. Russia, no. 36337/03, §§ 38-39, 17 December 2009; and Smagilov v. Russia (dec.), no. 24324/05, § 37, 13 November 2014)?
3. Did the applicants exhaust the available domestic remedies, as required by Article 35 § 1 of the Convention, in respect of their complaints concerning the State’s assistance in the enforcement of the judgments in their favour? If so, were they provided appropriate redress?
4. In application no. 54986/15 did the actions or inaction of the State authorities in the enforcement proceedings against private parties preclude further enforcement of the judgments and thus result in a violation of Article 1 of Protocol No. 1 to the Convention rights of Mr Ivanyuk? (see Krivonogova v. Russia (dec.), no. 74694/01, 1 April 2004)
APPENDIX
No.
Application
no.
Lodged on
Applicant’s name
date of birth
place of residence
Represented by
Domestic judgments in
applicants’ favour
Article no. 1069 proceedings
(final domestic decisions)
35043/11
13/05/2011
Tatyana Yuryevna ANDREYEVA
13/02/1960
Nizhniy Novgorod
Irina Yuryevna ANDREYEVA
19/10/1992
Nizhniy Novgorod
Olga Yuryevna ANDREYEVA
21/08/1994
Nizhniy Novgorod
Kanavinskiy District Court of Nizhniy Novgorod on
7 December 1995
Nizhniy Novgorod Regional Court on
21 December 2010,
17 May 2011
55310/14
17/07/2014
Yuriy Iosifovich MIKHAYLOVSKIY
03/12/1974
Moscow
Izmaylovskiy District Court of Moscow on
5 November 2008,
9 June 2011
Supreme Court of the Russian Federation on
2 April 2014
2953/15
23/12/2014
Yevgeniy Ivanovich OLEYNIKOV
29/08/1962
Elista
Supreme Court of the Republic of Kalmykiya on
18 December 2008,
9 November 2011
Elistinskiy Town Court of the Republic of Kalmykiya on
15 March 2010
Supreme Court of the Russian Federation on
29 September 2014
19191/15
09/04/2015
Vladimir Yuryevich GRIDIN
22/08/1970
Slavyanka, Primorye Region
Khasanskiy District Court of the Primorye Region on
20 April 2009
Primorye Regional Court on
11 February 2015
51093/15
09/10/2015
Anna Viktorovna LYAPKO
29/03/1957
Minsk
Tsentralniy District Court of Kaliningrad on
29 October 2009
Supreme Court of the Russian Federation on
10 July 2015
52432/15
16/10/2015
Tatyana Vasilyevna SAMOVIK
18/07/1976
Kropotkin, Krasnodar Region
Justice of the Peace of Circuit no. 66 of Kropotkin on
6 June 2001
Supreme Court of the Russian Federation on
18 June 2015
54986/15
21/10/2015
Yuriy Lvovich IVANYUK
24/01/1960
Snezhinsk, Chelyabinsk Region
Kurchatovskiy District Court of Chelyabinsk on
27 February 2002,
24 February 2004,
12 May 2004,
30 March 2005,
9 March 2007
Supreme Court of the Russian Federation on
5 June 2015
50773/17
10/07/2017
Aleksandr Alekseyevich KHARLOV
30/01/1965
Barnaul
Dmitriy Aleksandrovich SHITOV
Industrialniy District Court of Barnaul, Altay Region on
20 June 2014
Supreme Court of the Russian Federation on
26 January 2017
Full & Egal Universal Law Academy