FulLegal · İçtihat Detay

Rusya 17.04.2018 EN

MOSKALEVA AND OTHERS v. RUSSIA

Avrupa İnsan Hakları Mahkemesi

Karar Metni

THIRD SECTION

DECISION

Application no. 2664/04
Lyudmila Konstantinovna MOSKALEVA and others against Russia
and 6 other applications
(see list appended)

The European Court of Human Rights (Third Section), sitting on 17 April 2018 as a Committee composed of:

Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

THE FACTS

The applicants are Russian nationals, except for the applicant in application no. 43291/05, who is a Ukrainian national. The application numbers, dates, the applicants’ names and their personal details are set out in the annexed table.

The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.

The facts of the cases, as submitted by the parties, may be summarised as follows.

On various dates the applicants brought civil proceedings against private parties. The national courts held for the applicants and ordered the defendants under these judgments (the debtors) to perform certain acts and/or to pay various sums to the applicants. The judgments became final and enforceable.

The Bailiffs’ Service initiated and pursued enforcement proceedings against the debtors with varying degrees of success. Discontented with the alleged lack of progress in the enforcement of the judgments, certain applicants initiated judicial proceedings. The relevant information is presented in the annexed table.

COMPLAINTS

The applicants complained under Article 6 § 1 of the Convention about failure of the State to provide them adequate and efficient legal assistance in the enforcement of judgments against private parties.

The applicants also complained under Article 1 of Protocol No. 1 to the Convention that failure of the State to assist them in enforcement of the judgments resulted in violation of their property rights.

Some of the applicants also lodged accessory complaints under Articles 4, 6, 13 and 17 of the Convention and Article 1 of Protocol No. 1 to the Convention.

THE LAW

The Court first considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications listed in the appended table should be joined, given their common legal background.

The respondent Government in their observations argued that the present applications did not comply with the admissibility criteria under Article 35 of the Convention and thus invited the Court to declare them inadmissible.

Certain applicants disagreed, while the others did not provide specific admissibility arguments.

The Court has carefully examined the applications listed in the annexed table and concluded that, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the applications listed in the annexed table are inadmissible and must be rejected in accordance with Article 35 §§ 1, 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 17 May 2018.

Fatoş AracıAlena Poláčková
Deputy RegistrarPresident

APPENDIX

No.

Application no.

date of introduction

Applicant’s name

date of birth

place of residence

Represented by

Domestic judgment in applicant’s favour

(court, date, award)

Article 1069 proceedings

(final decision – court, date,

award/reason to refuse)

Reason for inadmissibility

2664/04

10/11/2003

(a) Lyudmila Konstantinovna MOSKALEVA

22/02/1941

Korkino, Chelyabinsk Region

(b) Nadezhda Konstantinovna Kosherova

15/03/1953

Korkino, Chelyabinsk Region

11/12/1965

Korkino, Chelyabinsk Region

(d) Galina Nikolayevna Cherdakova

17/05/1959

Korkino, Chelyabinsk Region

(e) Tayana Vladimirovna Nemova

26/11/1970

Korkino, Chelyabinsk Region

(f) Yelena Borisovna Ponomaritsyna (Letyagina)

30/06/1974

Chelyabinsk

(a) Justice of the Peace of Court Circuit no. 2 of Korkino, Chelyabinsk Region on

- 15 March 2001 / RUB 54,101.57