Communicated on 23 February 2018
THIRD SECTION
Application no. 34749/09
Yuriy Nikolayevich ORLOV against Russia
and 11 other applications
(see list appended)
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 table below.
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 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 judgments against private parties.
Mr Gorlov 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 judgment 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. 59958/13 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 Gorlov? (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 judgment in applicant’s favour
Article 1069 proceedings
(final domestic decisions)
34749/09
06/04/2009
Yuriy Nikolayevich
ORLOV
20/06/1946
Tsybanobalka, Krasnodar Region
Anapa District Court of the Krasnodar Region on
26 February 2008,
16 December 2010,
2 February 2011,
26 July 2016
Krasnodar Regional Court on
30 October 2012
Krasnodar Regional Court on
17 September 2012,
4 March 2014
Moscow City Court on
26 February 2013
40289/10
16/04/2010
Aleksandr Vasilyevich YERMOLAYEV
17/04/1949
Rtishchevo,
Saratov Region
Commercial Court of the Saratov Region on
1 December 1999,
8 June 2001
Federal Commercial Court of the Povolzhye Region on
26 July 2010
Saratov Regional Court on
4 May 2011
65526/11
03/10/2011
Rustem Gazizovich SAFIULLIN
17/07/1956
Ufa
Ordzhonikidze District Court of Ufa, Republic of Bashkortostan on
13 February 2009
Supreme Court of the Republic of Bashkortostan on
6 November 2007
Supreme Court of the Republic of Bashkortostan on
6 December 2011
31068/12
02/05/2012
Anna Gennadyevna PASTUKHOVA-GLEBOVA
08/11/1974
Yekaterinburg
Lidiya Vladimirovna GLEBOVA
29/07/1948
Yekaterinburg
Verh-Isetskiy District Court of Yekaterinburg on
28 November 2008
Tverskoy District Court of Moscow on
1 March 2012
10999/13
29/01/2013
Oleg Anatolyevich TURUTIN
17/08/1968
Lipetsk
Sovetskiy District Court of Lipetsk on
25 July 2011,
23 April 2012
Supreme Court of the Russian Federation on
23 May 2013
57876/13
19/08/2013
Galina Fedorovna IGNATENKO
28/06/1933
Khabarovsk
Industrialniy District Court of Khabarovsk on
22 September 2010
Commercial Court of the Khabarovsk Region on
16 November 2010,
31 January 2011
Khabarovsk District Court of the Khabarovsk
Region on
28 June 2011/entered into force on 6 July 2011
Supreme Court of the Russian Federation on
21 May 2013
Khabarovsk Regional Court on
21 June 2013
59958/13
23/07/2013
Maksim Grigoryevich GORLOV
14/05/1939
Moscow
Basmanniy District Court of Moscow on
22 March 2006
Supreme Court of the Russian Federation on
19 June 2013
65409/13
03/10/2013
Natalya Igorevna KONOPLEVA
17/05/1963
Bonate Sotto (BG)
Samara Regional Court on
18 May 2009
Sovetskiy District Court of Samara on
30 July 2010,
20 October 2011,
19 December 2011,
9 August 2012,
9 August 2012
Supreme Court of the Russian Federation on
7 May 2013
3192/14
14/12/2013
Natalya Sergeyevna DANILOVA
Kostroma
Sverdlovskiy District (Town) Court of the Kostroma Region on
24 November 1981
Justice of the Peace of Circuit no. 8 of Kostroma on
8 September 2008
Supreme Court of the Russian Federation on
17 October 2013
4726/14
21/11/2013
Valentina Fedorovna SABLINA
18/08/1946
Saratov
Leninskiy District Court of Saratov on
9 December 1999,
13 February 2003,
5 May 2015,
2 November 2017
Saratov Regional Court on
5 September 2013
18862/14
20/02/2014
Ivan Iosifovich
TYAGLO
21/09/1943
Yessentuki
Essentuki Town Court of the Stavropol Region on
23 October 2008,
18 June 2009,
22 March 2010,
15 February 2011,
26 March 2012,
24 April 2013
Supreme Court of the Russian Federation on
7 April 2010
76973/17
22/10/2017
Oleg Sergeyevich
DZHURKO
16/05/1937
Moscow
Konstantin Yevgenyevich KUZMIN
Savelovskiy District Court of Moscow on
22 November 2013
Supreme Court of the Russian Federation on
7 September 2017
Full & Egal Universal Law Academy