FIRST SECTION
DECISION
Application no. 30351/06
Lyudmila Aleksandrovna VLASOVA and others against Russia
and 32 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 18 September 2012 as a Committee composed of:
Peer Lorenzen, President,
Khanlar Hajiyev,
Julia Laffranque, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on dates tabulated in the appendix below,
Having regard to the declaration submitted by the respondent Government on 22 September 2010 requesting the Court to strike the applications out of the list of cases and the applicants’ replies to that declaration,
Having deliberated, decides as follows:
THE FACTS
The applicants are one hundred and one Russian nationals whose names and dates of birth are tabulated in the appendix below. Ms Myasina (case no. 2409/07) is not represented in the proceedings before the Court. The rest of the applicants are represented by Mr I.V. Novikov, a lawyer practising in Novosibirsk. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
In the course of the proceedings, Ms Kuntseva (application no 5686/07) passed away. On 18 December 2011, a Chamber decided that Mr N.V. Kuntsev, who is the late applicant’s son, had standing to continue the proceedings before the Court in his late mother’s stead.
The facts of the cases, as submitted by the parties, may be summarised as follows.
All the applicants are pensioners. They successfully sued the pension authorities for miscalculating their pensions. Subsequently, on the authorities’ initiative, the Presidium of the Supreme Court of Yakutiya quashed the final judgments by way of supervisory review to the applicants’ detriment on the ground of misinterpretation of the material law.
COMPLAINTS
The applicants complained under Article 6 and Article 1 of Protocol No. 1 about quashing of judgments in their favour by way of supervisory review.
THE LAW
The applicants complained about quashing of final and enforceable judgments in their favour by way of supervisory review. They relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 which, in so far as relevant, provide as follows:
Article 6 § 1 of the Convention
“In the determination of his [or her] civil rights and obligations [...], everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law [...]”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”
By letter dated 22 September 2010 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the applications in all cases except for three applicants in application no. 11884/07, namely Ms N.A. Dyachenko, Mr M.N. Dyachenko and Ms L.S. Sukhova. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
In that declaration, the Government acknowledged the violation of the applicants’ rights under the Convention on account of the quashing of the binding judgments on the ground of misinterpretation of substantial law by way of supervisory review. The Government mentioned that the judgments in the applicants’ favour had been fully complied with prior to their quashing by way of supervisory review. The Government undertook to pay each applicant concerned 1,400 euros (EUR) as compensation for damage resulting from the violations mentioned above.
The reminder of their declaration reads as follows:
“The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake 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.
This payment will constitute the final resolution of the case.”
In a letter of 2 December 2010, the applicants represented by Mr Novikov disagreed with the Government’s suggestion to strike their cases out, insisting on examination of their complaints. They seem to complain about the unlawful termination of payment of pensions at a rate fixed by the judgments in their favour. They pointed out that arrears on payment amounted to around 80,000 Russian roubles with regard to each applicant, without submitting any documents in support of this sum. In addition, they contested the amounts proposed by the Government for non‑pecuniary damage. In a letter of 13 November 2010, Ms Myasina indicated that the Government still had judgment debt, without submitting any documents in support of this allegation.
The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
It also recalls that in certain circumstances, it may strike out an application under Article 37 § 1(c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.
To this end, the Court will examine carefully the declaration in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (see, Tahsin Acar v. Turkey (preliminary issue) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI; WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.) no. 28953/03, 18 September 2007).
Turning to the Government’s unilateral declarations, the Court observes that the judgments providing the applicants with an enforceable claim were quashed by way of supervisory review. The Court is satisfied that the quashing of binding and enforceable judgments in the applicants’ favour is explicitly acknowledged by the Government as violating the Convention.
As regards the pecuniary damage sustained by the applicants, the Court notes that according to the Government, the judgments in the applicants’ favour were fully executed prior to their quashing. The Government provided documents supporting those payments. As far as the applicants’ replies to the declaration can be understood as contesting the fact of those payments, the Court cannot accept this argument as they did not provide any documentary evidence. Thus it admits that the judgments in the applicants’ favour were fully enforced by the Russian authorities until the moment of their quashing.
The Court recalls that after the final judgments were quashed they ceased to exist under domestic law; it cannot restore the power of these judgments nor assume the role of the national authorities in awarding social benefits for the future (see, among other authorities, Tarnopolskaya and Others v. Russia, nos. 11093/07 et al., § 51, 7 July 2009). Consequently, no pecuniary awards for the periods after the quashing could be legitimately claimed by the applicants before the Court.
As far as compensation for the non-pecuniary damage is concerned, the Court notes that the relevant sums offered by the Government are comparable with Court’s awards in similar cases (see Ryabov and 151 other “Privileged pensioners” cases v. Russia, nos. 4563/07 et al., § 23, 17 December 2009, and Streltsov and other “Novocherkassk military pensioners” cases v. Russia, nos. 8549/06 et al., § 96, 29 July 2010).
Having regard to the nature of the admissions contained in the Government’s declarations, as well as the amounts of compensation proposed – which are consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1(c)).
In light of the above considerations, and given also the clear and extensive case-law on the topic (see, for example, Kulkov and Others v. Russia, nos. 25114/03 et al., 8 January 2009, and Pugach and Others v. Russia, nos. 31799/08 et al., 4 November 2010), the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
In view of the above, it is appropriate to strike the cases out of the list, except for the case of Ms N.A. Dyachenko, Mr M.N. Dyachenko and Ms L.S. Sukhova (application no. 11884/07).
As regards Ms N.A. Dyachenko, Mr M.N. Dyachenko and Ms L.S. Sukhova who are the applicants in application no. 11884/07, the Court notes that the judgments in their favour have been quashed on 27 July 2006 and the applicants lodged their application on 9 February 2007. Nothing in the applicants’ submissions indicates that they were not immediately aware of the ruling. It follows that the part of application no. 11884/07 concerning these applicants is introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention (see Sardin v. Russia (dec.), no. 69582/01, ECHR 2004‑II).
For these reasons, the Court unanimously
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 and of the modalities for ensuring compliance with the undertakings referred to therein with regard to all applicants except for Ms N.A. Dyachenko, Mr M.N. Dyachenko and Ms L.S. Sukhova (application no. 11884/07);
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention, except for application no. 11884/07 with regard to Ms N.A. Dyachenko, Mr M.N. Dyachenko and Ms L.S. Sukhova;
Decides to declare inadmissible application no. 11884/07 with regard to Ms N.A. Dyachenko, Mr M.N. Dyachenko and Ms L.S. Sukhova in accordance with Article 35 § 1 of the Convention.
André WampachPeer Lorenzen
Deputy RegistrarPresident
No.
Application No.
Lodged on
Applicant
Date of birth
Place of residence
Compensation offered (EUR)
30351/06
17/06/2006
Lyudmila Aleksandrovna VLASOVA
05/11/1948
Neryungri
Nadezhda Leonidovna MERZLYAKOVA
18/09/1950
Neryungri
Nina Mikhaylovna BARNOVSKAYA
14/03/1949
Neryungri
Valentina Borisovna MANZANOVA
05/11/1945
Neryungri
Aida Ivanovna MERKULOVA
02/01/1930
Neryungri
Yevgeniy Ivanovich AGARKOV
12/01/1946
Neryungri
Aleksandr Pavlovich DOROZHKOV
20/09/1950
Neryungri
Valentina Andreyevna MILOVANOVA
15/12/1944
Neryungri
Tatyana Pavlovna BROVTSYNA
23/07/1945
Neryungri
1,400 to each applicant
30353/06
17/06/2006
Ivan Pavlovich BOSIKOV
15/06/1946
Neryungri
Valentina Vasilyevna RYABOVA
15/11/1945
Neryungri
Ivan Sergeyevich POCHATOVSKIY
04/07/1947
Neryungri
Valentina Fedorovna POCHATOVSKAYA
15/06/1950
Neryungri
Valentina Petrovna KUPTSOVA
03/09/1951
Neryungri
Vera Fedorovna VISHNEVSKAYA
24/02/1948
Neryungri
Lyudmila Viktorovna TSVETKOVA
01/04/1952
Neryungri
1,400 to each applicant
33264/06
17/06/2006
Lyubov Vasilyevna TANKOVID
16/07/1951
Neryungri
Marina Petrovna PODLESNAYA
09/10/1952
Nerungri
Aleksandr Panteleymonovich SHIRYAYEV
22/04/1947
Neryungri
Zinaida Vadimovna SHIRYAYEVA
07/11/1946
Neryungri
Lyubov Dubdanovna AYUROVA
05/12/1952
Neryungri
Nikolay Vasilyevich ALEKSANDROV
03/01/1946
Neryungri
Galina Yuryevna SEDIK
23/01/1950
Neryungri
Anna Nikolayevna PODGORNAYA
30/03/1951
Neryungri
1,400 to each applicant
33269/06
17/06/2006
Tatyana Kuzminichna AZYAZOVA
19/08/1951
Neryungri
Aleksey Stepanovich BALYKIN
10/04/1949
Neryungri
Valentina Semenovna BALYKINA
27/06/1945
Neryungri
Yevgeniya Dymbrenovna ZODBOYEVA
07/08/1945
Neryungri
Irina Viktorovna PETROVA
11/01/1939
Neryungri
Sofiya Konstantinovna TOTSKAYA
01/08/1946
Neryungri
Vladimir Vasilyevich TOTSKIY
02/03/1943
Neryungri
Vitaliy Dmitriyevich CHUKURNA
12/01/1931
Neryungri
Valentina Fedorovna CHUKURNA
15/04/1940
Neryungri
1,400 to each applicant
47938/06
28/10/2006
Viktor Vasilyevich KRAYNEV
11/08/1939
Neryungri
Vera Nikolayevna KRAYNEVA
15/04/1937
Neryungri
1,400 to each applicant
47939/06
28/10/2006
Shamil Magafurovich ZAMALUTDINOV
21/07/1949
Neryungri
Galina Vasilyevna KROKHMAL
17/08/1954
Neryungri
Yekaterina Andreyevna BOKLAG
18/04/1957
Neryungri
1,400 to each applicant
49256/06
15/11/2006
Vladimir Aleksandrovich KHAKHULIN
09/09/1948
Neryungri
Galina Trofimovna VERBITSKAYA
12/03/1959
Neryungri
1,400 to each applicant
2409/07
11/12/2006
Vera Aleksandrovna MYASINA
03/04/1955
Novosibirsk
1,400
4590/07
11/12/2006
Gennadiy Petrovich GREDASOV
29/04/1949
Neryungri
1,400
5077/07
28/10/2006
Aleksandr Aleksandrovich GOLOVACH
11/09/1954
Neryungri
1,400
5391/07
22/10/2006
Fanziya Shakirovna GAZIMULLINA
14/05/1951
Neryungri
1,400
5461/07
11/12/2006
Mikhail Ivanovich YEFIMOV
21/02/1955
Neryungri
Viktoriya Nikolayevna VLASOVA
06/10/1954
Neryungri
1,400 to each applicant
5463/07
01/12/2006
Vera Grigoryevna POLIKARPOVA
07/11/1957
Neryungri
Valentina Mikhaylovna PESTEREVA
07/09/1953
Neryungri
Andrey Pavlovich PLASTOVETS
23/11/1948
Neryungri
Lidiya Spiridonovna KOROLKOVA
01/08/1952
Neryungri
Galina Vladimirovna MOSHINSKAYA
02/12/1954
Neryungri
Nina Yefimovna SHMAKOVA
13/11/1954
Neryungri
1,400 to each applicant
5646/07
11/12/2006
Vladimir Pertovich PUTINTSEV
04/01/1946
Neryungri
Olga Radionovna PELIPAS
17/10/1949
Neryungri
Valentina Pavlovna BORISENKO
15/12/1939
Neryungri
1,400 to each applicant
5686/07
11/12/2006
Yelena Vasilyevna KUNTSEVA
12/10/1954
Neryungri
1,400[1]
7311/07
25/01/2007
Petr Ivanovich NESKOROMNYKH
11/06/1949
Neryungri
1,400
7832/07
26/01/2007
Valentina Mikhaylovna KOMISSAROVA
18/11/1949
Neryungri
Yelena Nikolayevna NIKOLAYEVA
09/01/1947
Neryungri
1,400 to each applicant
7848/07
26/01/2007
Galina Mikhaylovna BELYAK
05/03/1954
Neryungri
1,400
10135/07
08/02/2007
Anatoliy Vissarionovich ALEKSEYEV
28/11/1943
Neryungri
Anatloy Ivanovich KOSHKAROVSKIY
10/07/1941
Neryungri
Zinaida Ivanovna KULKOVA
10/04/1946
Neryungri
Lyudmila Pavlovna MOLODTSOVA
05/05/1953
Neryungri
Anna Avtomonovna SELIVERSTOVA
17/12/1952
Neryungri
Vasiliy Ivanovich SHCHEGOLSKIY
29/03/1955
Neryungri
1,400 to each applicant
10137/07
11/02/2007
Viktor Ostafiyevich SIDORENKO
06/02/1950
Neryungri
1,400
10138/07
09/02/2007
Nina Vladimirovna MONAKHOVA
27/03/1960
Neryungri
1,400
11331/07
05/02/2007
Lyubov Petrovna REZIKOVA
27/06/1954
Neryungri
Galina Nikiforovna BATSA
27/01/1955
Neryungri
1,400 to each applicant
11884/07
09/02/2007
Lyudmila Ivanovna ROMANYUK
05/01/1955
Neryungri
Olga Bayevna ABILDINOVA
01/01/1952
Neryungri
Lidiya Denisovna SALEYEVA
01/09/1948
Neryungri
Nadezhda Arkadyevna DYACHENKO
25/03/1954
Neryungri
Mikhail Nikolayevich DYACHENKO
06/11/1948
Neryungri
Lidiya Sergeyevna SUKHOVA
13/01/1954
Neryungri
1,400 to the first three applicants
11914/07
05/02/2007
Valentina Sidorovna BORZENKOVA
24/12/1952
Neryungri
Valentina Vasilyevna DUMBROVSKAYA
12/02/1946
Neryungri
1,400 to each applicant
11919/07
05/02/2007
Zoya Viktorovna ALESHKINA
15/03/1949
Neryungri
Olga Gennadyevna BURAKOVA
15/07/1948
Neryungri
Yuriy Grigoryevich BURAKOV
14/07/1944
Neryungri
Zhanna Vitalyevna ZAKHAROVA
15/02/1967
Neryungri
1,400 to each applicant
17137/07
21/03/2007
Nadezhda Viktorovna BODNAR
10/10/1953
Neryungri
Nina Nikolayevna SHIBKA
27/11/1955
Neryungri
1,400 to each applicant
17140/07
21/03/2007
Minzilya Miniakhmetovna KAMALOVA
09/08/1962
Neryungri
Rafit Rashitovich KAMALOV
01/01/1958
Neryungri
1,400 to each applicant
17145/07
21/03/2007
Tamara Ivanovna KORCHASHKINA
17/07/1949
Neryungri
1,400
17644/07
15/03/2007
Aleksandr Mikhaylovich GUSEV
15/12/1954
Neryungri
Yuriy Anatolyevich ROMANENKO
14/11/1954
Neryungri
1,400 to each applicant
17645/07
15/03/2007
Valentina Petrovna YEROKHINA
24/03/1958
Neryungri
1,400
27386/07
08/06/2007
Vladimir Anatolyevich BADULIN
21/02/1936
Nerungri
Valentina Fedorovna BADULINA
30/10/1937
Neryungri
1,400 to each applicant
3361/08
04/12/2007
Yuriy Borisovich ZHILYABIN
06/05/1941
Neryungri
Yekaterina Pavlovna ZHILYABINA
17/11/1942
Neryungri
Lyudmila Vasilyevna KLIMOVICH
13/03/1947
Neryungri
Galina Stepanovna NEZHINA
28/12/1950
Neryungri
Valentina Konstantinovna AKHMETOVA
19/09/1949
Neryungri
Zoya Ivanovna BURDA
25/11/1935
Neryungri
Raisa Nikitichna GANTIMUROVA
29/03/1940
Neryungri
1,400 to each applicant
10611/08
28/12/2007
Galina Nikolayevna PUNTUSOVA
03/10/1951
Neryungri
Aleksandr Yakovlevich PUNTUSOV
03/11/1950
Neryungri
1,400 to each applicant
[1] This amount is to be paid to Mr Kuntsev Nikita Vitalyevich
Full & Egal Universal Law Academy