CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
- ECLI
- ECLI:CEDH:001-228477
- Date
- 5 octobre 2023
- Publication
- 5 octobre 2023
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } Published on 30 October 2023   FIRST SECTION Application no.   7895/21 Valentina Ivanovna BOKAREVA against Russia and 14 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 5 October 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 6 § 1 and Article   13   of the Convention and Article   1 of Protocol No.   1 relating to non ‑ enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law which are the subject of well ‑ established case law of the Court (see Gerasimov and Others v. Russia, nos.   29920/05 and 10 others, 1 July 2014).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 6 § 1 and Article   13 of the Convention and Article   1 of Protocol No.   1 (non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Relevant domestic decision Start date of non-enforcement period End date of non-enforcement period Length of enforcement proceedings Domestic order   (in euros) Compensation proceedings Name of the court Date of the judgment Аward     7895/21* 24/12/2020 Valentina Ivanovna BOKAREVA 1948     Leninskiy District Court of Smolensk, 05/11/2013   05/11/2013   Pending on the date when the application was brought to the Court More than 8 year(s) "... the Administration of Smolensk is to perform capital repairs in the residential building ..." The courts ruled that the applicant was not eligible to apply for compensation in connection with the lengthy non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 25/08/2020. The court considered that only applicants whose complaints were pending before the Court were entitled to such compensation.     7938/21* 14/01/2021 Aleksey Dmitriyevich BELOV 1957     Promyshlennyy District Court of Smolensk, 13/11/2013   13/11/2013   Pending on the date when the application was brought to the Court More than 8 year(s) "... the Administration of Smolensk is to perform capital repairs in the residential building ..." The domestic courts considered that the Compensation Act did not apply to the applicant’s situation, the judgment in his favour having been delivered prior to the enactment of the said legislation. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 25/08/2020     16337/21 01/03/2021 Olesya Konstantinovna BAUROVA 1985     Arkhangelsk Regional Court, 07/11/2016   07/11/2016   Pending on the date when the application was brought to the Court More than 5 year(s) Administration of Severodvinsk to provide [the applicant] ... with a flat ... . Award for the period 07/11/2016 - 02/10/2018: On 02/10/2018 Arkhangelsk Regional Court awarded the applicant RUB 60,000 for the authorities’ failure to enforce the judgment in the applicant’s favour. Award for the period 03/10/2018 - 07/02/2020 (1 year, 4 months and 2 days).   On 07/02/2020 the first-instance court awarded the applicant RUB 25,000 ) for the authorities’ continued failure to enforce the judgment in the applicant’s favour (upheld on appeals, final – SC, 12/02/2021). Total amount of award for the period 07/11/2016 – 07/02/2020: RUB 85,000     23444/21* 15/04/2021 Kasandra Mikhaylovna KONDRATYEVA 1998 Kristina Viktorovna Barashkina [email protected] Zheleznodorozhnyy District Court of Barnaul of the Altai Region, 31/05/2018   05/09/2018   Pending on the date when the application was brought to the Court More than 4 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 30/03/2020 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 40,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 15/03/2021.     23448/21* 15/04/2021 Yevgeniy Viktorovich BLINOV 1994 Diana Mikhaylovna Sannikova Moscow Zheleznodorozhnyy District Court of Barnaul of the Altai Region, 11/05/2017   09/07/2017   Pending on the date when the application was brought to the Court More than 5 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 04/06/2020 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 55,000 for non-enforcement of the judgment in his favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 18/02/2021.     23666/21 15/04/2021 Aleksandra Aleksandrovna FARENYUK 1999 Diana Mikhaylovna Sannikova Moscow Zheleznodorozhnyy District Court of Barnaul, 12/07/2018   03/09/2018   Pending on the date when the application was brought to the Court More than 4 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul 11/06/2020, the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 40,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 20/02/2021.     41985/21 30/07/2021 Sergey Semenovich PRONICHEV 1993     Zhukovskiy District Court of the Bryansk Region, 01/03/2018 31/10/2018   07/09/2020 1 year(s) and 10 month(s) and 8 day(s) the administration of [the municipality] is to provide [the applicant] with social housing ... The applicant’s compensation claim was dismissed. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 29/06/2021     45359/21* 28/08/2021 Alevtina Yefremovna KUNYSHEVA 1941 Aleksey Borisovich Vologin Volsk Saratov Regional Court, 02/04/2019   21/05/2019   Pending on the date when the application was brought to the Court More than 3 year(s) [the municipal administration] is to provide [the applicant] with social housing ... On 19/06/2020 the Saratov Regional Court granted the applicant’s compensation claims in part and awarded her RUB   15,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 13/07/2021.     61604/21 25/11/2021 Darya Olegovna MINSKAYA 1993 Diana Mikhaylovna Sannikova Moscow Zheleznodorozhniy District Court of Barnaul, 07/06/2018   13/07/2018   Pending on the date when the application was brought to the Court More than 4 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 18/11/2020 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 60,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 24/08/2021.   249/22 25/11/2021 Vera Nikolayevna SHESTAKOVA 1995 Diana Mikhaylovna Sannikova Moscow Zheleznodorozhniy District Court of Barnaul, 13/11/2018   13/11/2018   Pending on the date when the application was brought to the Court More than 3 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 21/09/2020 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 54,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 24/08/2021.   4887/22 22/12/2021 Anastasiya Olegovna CHILIKINA 1994     Zheleznodorozhnyy District Court of Barnaul, 25/05/2017   12/01/2018   Pending on the date when the application was brought to the Court More than 4 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 28/09/2020 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 70,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 12/10/2021.   16099/22 04/03/2022 Alena Sergeyevna SKOBELEVA 1995 Aleksandr Alekseyevich Nikolayev Moscow Zheleznodorozhnyy District Court of Barnaul, 17/04/2018   24/05/2018   Pending on the date when the application was brought to the Court More than 4 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 22/04/2021 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 71,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 31/01/2022.   16275/22 04/03/2022 Yuliya Mikhaylovna CHASHCHEVAYA 1989 Diana Mikhaylovna Sannikova Moscow Zheleznodorozhnyy District Court of Barnaul, 12/01/2017   18/02/2017   Pending on the date when the application was brought to the Court More than 5 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 18/05/2021 the Altay Regional Court granted the applicant’s compensation claims in part and awarded her RUB 112,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 31/01/2022.   31540/22 09/06/2022 Vitality Vasilyevich FERTIKH 1994 Diana Mikhaylovna Sannikova Moscow Zheleznodorozhnyy District Court of Barnaul, 09/08/2019 17/09/2019   Pending on the date when the application was brought to the Court More than 2 year(s) The regional housing department is to provide the applicant with social housing ... in Barnaul On 25/05/2021 the Altay Regional Court granted the applicant’s compensation claims in part and awarded him RUB 47,000 for non-enforcement of the judgment in her favour. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 12/04/2022.   46436/22 16/09/2022 Viktor Anatolyevich NIKOLAYEV 1973     Oktyabrskiy District Court of Arkhangelsk, 19/07/2012   19/07/2012   Pending on the date when the application was brought to the Court More than 10   year(s) The mayor’s office of Arkhangelsk is to provide the [applicant’s family] with a flat On 28/06/2021 the Arkhangelsk Regional Court awarded the applicant compensation of RUB 15,000 for the lengthy non-enforcement of the final domestic judgment in his favour; final decision on the matter was taken by the Supreme Court on 16/05/2022.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228477
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- Texte intégral
- Résumé officiel