THIRD SECTION
DECISION
Applications nos. 13202/08 and 41696/08
Gennadiy Ivanovich SHCHEPIN and Others against Russia
and Valentina Valentinovna PESHKINA and Others against Russia
The European Court of Human Rights (Third Section), sitting on 6 June 2017 as a Committee composed of:
Helen Keller, President,
Pere Pastor Vilanova,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on 25 February and 4 July 2008 respectively,
Having regard to the declarations submitted by the respondent Government on 20 June and 8 September 2016 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to those declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants in these two cases are forty-eight Russian nationals who live in Vizinga, the Komi Republic. A list of the applicants is set out in the appendix.
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.
On 5 October 2009 Mr Nikolay Stepanovich Ploskov (application no. 13202/08) died. On 9 June 2016 his widow, Ms Valentina Stepanovna Ploskova, born in 1954, expressed her wish to pursue the application in the capacity of his heir.
On 24 June 2013 Mr Vladimir Aleksandrovich Tsypanov (application no. 13202/08) died. On 9 June 2016 his son, Mr Nikolay Vladimirovich Tsypanov, born in 1991, expressed his wish to pursue the application in the capacity of his heir.
On 14 January 2013 Mr Nikolay Petrovich Turubanov (application no. 13202/08) died. On 9 June 2016 his widow, Lyubov Nikolayevna Turubanova, born in 1958, expressed her wish to pursue the application in the capacity of his heir.
The Court will continue to refer to late Mr N.S. Ploskov, Mr V.A. Tsypanov and Mr N.P. Turubanov as “the applicants”, for the sake of convenience.
The applicants complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention about non-enforcement of the judgments given against a unitary enterprise with the right of economic control and under Article 13 of the Convention about the lack of an effective remedy in respect of the non‑enforcement.
The applications were communicated to the Government on 26 February 2016.
By letters dated 20 June and 8 September 2016 the Government informed the Court that they proposed to make declarations with a view to resolving the issues raised by the applications.
By a separate declaration in respect of each applicant they acknowledged a violation of the applicants’ rights guaranteed by the Convention. They submitted, in respect of each applicant, that the judgments in their favour issued on the dates set out in the appendix by the Justice of the Peace of the Sysolskiy Court Circuit of the Komi Republic became final on the dates listed below and were enforced in part. They undertook to pay the applicants sums set out in the appendix to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, which would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be free of any taxes that could be applicable. Where the applicants died, the declarations specified that the payments would be made to the applicants’ heirs. Those amounts would be payable within three months from the date of notification of the decision taken by the Court. In the event of a failure to pay those sums within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payments would constitute the final resolution of the cases. They further requested the Court to strike out the applications in accordance with Article 37 § 1 (c) of the Convention.
On 27 July, 1 August and 25 October 2016 the Court received letters from the applicants informing the Court that they had agreed to the terms of the Government’s declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court further notes that Mr N.S. Ploskov, Mr V.A. Tsypanov and Mr N.P. Turubanov (applicants in case no. 13202/08) died after lodging their application with the Court and that their relatives expressed a wish to maintain their applications in their stead and submitted documents confirming legal succession. The Court has previously accepted that close relatives of applicants who have died can maintain applications concerning various aspects of Article 6 of the Convention, including non-enforcement of domestic judgments (see, among others, Shiryayeva v. Russia, no. 21417/04, § 8, 13 July 2006). The Government did not contend that their heirs, the legal successors of the deceased applicants, had no standing to pursue the case. Therefore, the Court considers that the applicants’ heirs named above (see also the appendix below) have standing to continue the proceedings in their deceased relatives’ stead.
The Court finds that following the applicants’ express agreement to the terms of the declarations made by the Government the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides, in respect of application no. 13202/08, that
- Ms Valentina Stepanovna Ploskova has standing to continue the proceedings in Mr Nikolay Stepanovich Ploskov’s stead;
- Mr Nikolay Vladimirovich Tsypanov has standing to continue proceedings in Mr Vladimir Aleksandrovich Tsypanov’s stead;
- Ms Lyubov Nikolayevna Turubanova has standing to continue proceedings in Mr Nikolay Petrovich Turubanov’s stead;
Decides to strike the applications out of its list of cases pursuant to Article 39 of the Convention.
Done in English and notified in writing on 29 June 2017.
Fatoş AracıHelen Keller
Deputy RegistrarPresident
Appendix
Application no. 13202/08
No.
Applicant’s name and heir’s name,
where appropriate
Birth (demise) year
Date of the judgment,
final on
Remedial offer in respect of pecuniary damage (in Russian roubles)
Remedial offer in respect of non-pecuniary damage (in euros)
Gennadiy Ivanovich SHCHEPIN
1955
18/05/2006
09/08/2006
94,490
2,000
Tatyana Nikolayevna BELYAYEVA
1956
18/05/2006
09/08/2006
66,237
2,000
Yekaterina Aleksandrovna BESSONOVA
1956
18/05/2006
09/08/2006
87,148
2,000
Vyacheslav Nikolayevich CHEREDOV
1961
18/05/2006
09/08/2006
59,564
2,000
Galina Yuryevna CHUGAYEVA
1960
18/05/2006
09/08/2006
96,395
2,000
Nadezhda Pavlovna DAVYDOVA
1960
18/05/2006
09/08/2006
65,317
2,000
Taras Vitalyevich GOROKHOV
1963
18/05/2006
09/08/2006
60,597
2,000
Aleksandra Vladimirovna GRIDNEVA
1961
18/05/2006
09/08/2006
57,972
2,000
Mikhail Vitalyevich KLINTSOV
1957
18/05/2006
09/08/2006
67,707
2,000
Mikhail Aleksandrovich KUZIVANOV
1953
18/05/2006
09/08/2006
95,293
2,000
Mariya Ivanovna LUSHKOVA
1955
18/05/2006
09/08/2006
33,133
2,000
Vasiliy Vasilyevich MALTSEV
1980
18/05/2006
09/08/2006
84,193
2,000
Nikolay Alekseyevich MURSATOV
1967
18/05/2006
09/08/2006
72,585
2,000
Sergey Nikolayevich NEVEROV
1961
18/05/2006
09/08/2006
82,806
2,000
Andrey Nikolayevich NOSKOV
1979
19/05/2006
12/09/2006
61,157
2,000
Valentina Fedorovna NOSKOVA
1956
18/05/2006
09/08/2006
86,296
2,000
Vera Nikolayevna OSIPOVA
1959
18/05/2006
09/08/2006
87,689
2,000
Nikolay Stepanovich PLOSKOV
Legal successor:
Valentina Stepanovna PLOSKOVA
1954 (2009)
18/05/2006
09/08/2006
53,408 to be paid to Valentina Stepanovna PLOSKOVA
2,000 to be paid to Valentina Stepanovna PLOSKOVA
Aleksey Mikhaylovich PYSTIN
1971
18/05/2006
09/08/2006
96,949
2,000
Zoya Stanislavovna SHATELIS
1950
18/05/2006
09/08/2006
53,260
2,000
Nikolay Kimovich SHEVELEV
1961
18/05/2006
09/08/2006
62,839
2,000
Svetlana Petrovna SHULEPOVA
1956
18/05/2006
09/08/2006
84,297
2,000
Vasiliy Aleksandrovich TRETYAKOV
1979
18/05/2006
09/08/2006
59,257
2,000
Vladimir Aleksandrovich TSYPANOV
Legal successor:
Nikolay Vladimirovich TSYPANOV
1963 (2013)
18/05/2006
09/08/2006
90,431 to be paid to Nikolay Vladimirovich TSYPANOV
2,000 to be paid to Nikolay Vladimirovich TSYPANOV
Nikolay Petrovich TURUBANOV
Legal successor:
Lyubov Nikolayevna TURUBANOVA
1949 (2013)
18/05/2006
09/08/2006
79,880 to be paid to Lyubov Nikolayevna TURUBANOVA
2,000 to be paid to Lyubov Nikolayevna TURUBANOVA
Sergey Vasilyevich TURUBANOV
1978
18/05/2006
09/08/2006
70,963
2,000
Valentina Alekseyevna VEREZHNIKOVA
1955
18/05/2006
09/08/2006
69,285
2,000
Application no. 41696/08
No.
Applicant’s name
Birth year
Date of the judgment,
final on
Remedial offer in respect of pecuniary damage (in Russian roubles)
Remedial offer in respect of non‑pecuniary damage (in euros)
Valentina Valentinovna PESHKINA
1960
14/06/2006
13/09/2006
147,410
2,000
Anna Aleksandrovna BELYAYEVA
1980
14/06/2006
13/09/2006
107,290
2,000
Vladimir Petrovich CHERNYKH
1983
14/06/2006
13/09/2006
17,151
2,000
Denis Nikolayevich DAVYDOV
1983
14/06/2006
13/09/2006
57,441
2,000
Lidiya Mikhaylovna KACHANOVA
1960
14/06/2006
13/09/2006
113,981
2,000
Nikolay Ivanovich KICHIGIN
1956
14/06/2006
13/09/2006
133,496
2,000
Tatyana Georgiyevna KLEMESHEVA
1960
14/06/2006
13/09/2006
14,043
2,000
Marina Vasilyevna KUZNETSOVA
1962
14/06/2006
13/09/2006
199,336
2,000
Nina Anatolyevna MIKUSHEVA
1963
14/06/2006
13/09/2006
160,970
2,000
Lyudmila Konstantinovna NEBRENCHINA
1955
14/06/2006
13/09/2006
109,645
2,000
Yelena Vasilyevna PALSHINA
1981
14/06/2006
13/09/2006
79,063
2,000
Tamara Pavlovna RAZDOBURDINA
1951
14/06/2006
13/09/2006
104,164
2,000
Yelena Yuryevna RUBANYAK
1971
14/06/2006
13/09/2006
39,665
2,000
Irina Aleksandrovna RUBTSOVA
1967
14/06/2006
13/09/2006
195,471
2,000
Vladimir Kimovich SHARAPOV
1968
14/06/2006
13/09/2006
138,138
2,000
Valentina Ivanovna SHEVCHENKO
1959
14/06/2006
13/09/2006
139,617
2,000
Nadezhda Stepanovna SKRIPOVA
1957
14/06/2006
13/09/2006
121,923
2,000
Svetlana Vasilyevna STEFANISHINA
1979
14/06/2006
13/09/2006
118,159
2,000
Grigoriy Yakovlevich STREKALOV
1952
14/06/2006
13/09/2006
164,078
2,000
Anatoliy Vladimirovich TROSHEV
1976
14/06/2006
13/09/2006
169,742
2,000
Olga Alekseyevna ZAKHAROVA
1983
14/06/2006
13/09/2006
81,973
2,000
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