THIRD SECTION
DECISION
Application no. 29923/08
Aleksandr Sergeyevich KUDELYA
against Russia
The European Court of Human Rights (Third Section), sitting on 8 March 2018 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 May 2008,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant Aleksandr Sergeyevich Kudelya was born in 1957 and lives in Rostov-on-Don. He was represented by Mr S. Zaytsev, a lawyer practising in the town of Fryazino.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the delayed enforcement of domestic decision and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”).
THE LAW
Complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1
In the present application, having examined all the material before it, the Court considers that, for the reasons stated below, the application is inadmissible.
In particular, the Court notes that the application was lodged on 15 May 2008, that is to say more than six months after the enforcement proceedings in respect of the final judgment (as indicated in the appended table) had been terminated on 23 March 2006. The Court observes that, as follows from the presented materials, the enforcement proceedings were terminated partly because the monetary compensation had been paid to the applicant in full and partly because the enforcement of the judgment no longer was possible in view of the material change of the applicant’s individual situation, such as his discharge from the army on 23 March 2006.
Accordingly, the Court finds that the application has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 29 March 2018.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Relevant domestic decision
Start date of non-enforcement period
End date of non-enforcement period
Length of enforcement proceedings
Domestic order
29923/08
15/05/2008
Aleksandr Sergeyevich Kudelya
Zaytsev Sergey Yuryevich
Fryazino
Military Court of the Rostov-on-Don Garrison, 27/02/2004
10/03/2004
23/03/2006
2 year(s) and 14 day(s)
"... the command of the military unit to provide [the applicant] with 386 days of leave, to make changes in the applicant’s personal records and pay monetary compensation
Full & Egal Universal Law Academy