Lexploria

FIRST SECTION

DECISION

This version was rectified on 17 August 2011 and 1 4 May 2012

under Rule 81 of the Rules of Court

Application no. 37865/04 and other applications Vitaliy Kazimirovich RUDNITSKIY and Others against Russia

(see appendix for other applications)

The European Court of Human Rights (First Section), sitting on 8 March 2011 as a Chamber composed of:

Nina Vajić , President, Christos Rozakis , Peer Lorenzen , Anatoly Kovler , Khanlar Hajiyev , George Nicolaou , Julia Laffranque , judges, and Søren Nielsen , Section Registrar ,

Having regard to the above applications,

Having regard to the decision to apply the pilot-judgment procedure taken in the case of Burdov v. Russia (no. 2) (no. 33509/04, ECHR 2009 ‑ ...),

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases and the applicants ’ replies to those declarations,

Having deliberated, decides as follows:

THE FACTS

The applicants are Russian nationals whose names and dates of birth are tabulated below.

Mr V. Rudnitskiy, Mr A. Gruntenko, Mr A. Dorofeyev and Mr A. Gridnev died after lodging their applications under Article 34 of the Convention. Their successors Ms G. R udnitskaya, Ms V. Gruntenko, Ms L. Dorofeyeva and Ms Ye. Gridneva, respectively, indicated their interest in pursuing the proceedings.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.

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

The applicants sued the State authorities in domestic courts for payment of various monetary sums due under the Russian law. The courts held for the applicants and ordered the authorities to pay various amounts in the form of lump sums and/or of periodic payments to be upgraded in line with the inflation in the country. These judgments became binding but the authorities delayed their enforcement .

COMPLAINTS

The applicants complained about the delayed enforcement of the judgments in their favour and, in certain cases, of assorted faults that allegedly accompanied the judicial or enforcement proceedings.

THE LAW

I. LOCUS STANDI

The Court takes note of certain applicants ’ death and of the interest of their successors in pursuing the proceedings.

The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania , no. 34578/97, § 41, ECHR 2000 ‑ IX). Furthermore, in some cases concerning non-enforcement of court judgments, the Court recognised the right of the relatives of the deceased applicant to pursue the application (see Shiryayeva v. Russia , no. 21417/04, §§ 8 ‑ 9, 13 July 2006).

The Court notes that the rights at stake in the present case are very similar to those at the heart of the cases referred to above. Nothing suggests that the rights the applicants sought to protect through the Convention mechanism were eminently personal and non-transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, § 1, 12 July 2001). The Government did not contend that any of the successors mentioned above had no standing to pursue the cases. Therefore, the Court considers that the applicants ’ successors have a legitimate interest in pursuing the applications.

II. COMPLAINTS OF NON-ENFORCEMENT

As to the other applications, following the Burdov (no. 2) pilot judgment cited above the Government informed the Court of the payment of the domestic court awards in the applicants ’ favour and submitted unilateral declarations aimed at resolving the issues raised by the applications. By these declarations the Russian authorities acknowledged in various but very similar terms that judgments in the applicants ’ favour were not enforced in a timely manner ( e.g. “the excessive duration of the enforcement”, “the delay in the enforcement” or “the lengthy enforcement”). They also declared that they were ready to pay the applicants ex gratia the sums tabulated below. The remainder of the declarations read as follows:

“The authorities therefore invite the Court to strike [the applications] out of the list of cases. They suggest that the present declaration might be accepted by the Court as “any other reason” justifying the striking out of the case of the Court ’ s list of cases, as referred to in Article 37 § 1 (c) of the Convention.

The [sums tabulated below], which [are] to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. [They] 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 [these sums] within the said three-month period, the Government undertake to pay simple interest on [them] 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.”

Some applicants agreed to the terms of the Government ’ s declarations. Others failed to reply. A majority disagreed on various grounds, considering most often that the compensation amounts offered by th e Government were insufficient. S everal applicants furthermore challenged the modalities of the execution of their judgments at the domestic level and, in particular, alleged inadequate indexation of regular payments in comparison with the inflation rate in the country. Finally, some applicants cast doubts as to whether the Government acknowledged the violations and would comply with their terms once the Court struck the applications out of its list.

The Court reiterates that under Article 37 of the Convention it may at any stage of the proceedings strike an application out of its list of cases where the circumstances lead to the conclusions specified under (a), (b), or (c) 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.”

Article 37 § 1 in fine states:

“However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires.”

The Court recalls that in its pilot judgment (Burdov (no. 2) , cited above) it ordered the Russian Federation to

“grant [adequate and sufficient] redress, within one year from the date on which the judgment [became] final, to all victims of non-payment or unreasonably delayed payment by State authorities of a judgment debt in their favour who [had] lodged their applications with the Court before the delivery of the present judgment and whose applications [had been] communicated to the Government under Rule 54 § 2 (b) of the Rules of the Court.”

In the same judgment the Court also held that :

“pending the adoption of the above measures, the Court [would] adjourn, for one year from the date on which the judgment [became] final, the proceedings in all cases concerning solely the non-enforcement and/or delayed enforcement of domestic judgments ordering monetary payments by the State authorities, without prejudice to the Court ’ s power at any moment to declare inadmissible any such case or to strike it out of its list following a friendly settlement between the parties or the resolution of the matter by other means in accordance with Articles 37 or 39 of the Convention.”

Having examined the terms of the Government ’ s declarations, the Court understands them as intending to give the applicants redress in line with the pilot judgment (see Burdov (no. 2) , cited above, §§ 127 and 145 and point 7 of the operative part).

The Court is satisfied that the excessive length of the execution of judgments in the applicants ’ favour is acknowledged by the Government either explicitly or in substance. The Court further notes that the compensations offered are comparable with Court awards in similar cases, taking account, inter alia, of the specific delays in each particular case (see Burdov (no. 2) , cited above, §§ 99 and 154). The Court also notes that in the cases of Rudnitskiy, Gruntenko, Dorofeyev and Gridnev , the Government undertook to pay the compensations to the persons who pursue the proceedings instead of the late applicants, as indicated in the appendix .

Insofar as several applicants contest the execution modalities, the Court reiterates that such grievances must be first and foremost submitted to domestic courts, which are better placed than the Court to ascertain the compliance with the Russian law in this are a, including the specific index ‑ linking requirements provided therein (see B elkin and Others v. Russia (dec.), nos. 14330/07 et al., 5 February 2009).

The Court therefore considers that it is no longer justified to continue the examination of the applications. It is also 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.

Accordingly, in so far as the complaints about delayed enforcement of the judgments in the applicants ’ favour are concerned, the applications should be struck out of the list.

As regards the question of implementation of the Government ’ s undertakings, the Committee of Ministers remains competent to supervise this matter in accordance with Article 46 of the Convention (see the Committee ’ s decisions of 14-15 September 2009 (CM/Del/Dec(2009)1065) and Interim Resolution CM/ResDH(2009)1 58 concerning the implementation of the Burdov (no. 2) judgment). In any event the Court ’ s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present applications to the list of cases (see E.G. v. Poland (dec.), no. 50425/99, § 29, ECHR 2008 ‑ ... (extracts)) .

III. OTHER COMPLAINTS

Some applicants made accessory complaints referring to assorted Articles of the Convention. However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that the applications in this part are manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court unanimously :

Takes note of the terms of the respondent Government ’ s declarations;

Decides to join the applications;

Decides to strike the applications in respect of non-enforcement of the judgments in the applicants ’ favour out of its list of cases;

Declares the remainder of the applications inadmissible.

Søren Nielsen Nina Vajić Registrar President

appendix

No

Application No

Last name

Forename

Born

Compensation offered (Euros)

1.

37865/04

Rudnitskiy [1]

Vitaliy Kazimirovich

19483 , 500

2.

40573/04

Badtiyev

Mayrbek Mikhaylovich

19631 , 630

Balayeva

Lyudmila Ivanovna

19501 , 570

Bitarov

Aslanbek Davidovich [2]

19531 , 650

Bitiyev

Aslan Ruslanovich

19671 , 600

Burchevskiy

Sergey Valeryanovich

19701 , 600

Gagloyev

Akhsarbek Otariyevich

19581 , 750

Gagloyev

Ibragim Borisovich

19601 , 660

Gostev

Vladimir Yuryevich

19741 , 380

Gostev

Dmitriy Yuryevich

19711 , 400

Muzaty

Elgudzha Revazovich

19551 , 600

Pukhov

Te mur [3] Shotayevich

19581 , 440

Slanov

Stalbek Chermenovich

1970

3 , 000

Tekiyev

Arsen Suleymanovich

19661 , 460

Trankadze

Temur Shavlovich

19691 , 660

Vatayev

Valeriy Georgiyevich

19621 , 480

3.

5690/05

Mustafin

Kamil Gaynulkhakovich

19571 , 195

4.

6434/05

Gruntenko [4]

Anatoliy Ivanovich

1947

710

5.

18601/05

Kirillov

Vladimir Petrovich

19461 , 500

6.

23156/05

Ilchenko

Boris Ivanovich

19492 , 060

7.

25980/05

Perlovskaya

Lyubov Viktorovna

1961

3 , 000

8.

29670/05

Tayanko

Yuzef Ivanovich

1954

4 , 000

9.

30080/05

Lukyanova

Irina Ivanovna

19723 , 700

10.

34977/05

Zaytseva

Svetlana Vasilyevna

19511 , 300

11.

2778/06

YEVSYUKOV

Aleksandr Dmitriyevich

19541 , 840

DOROFEYEV [5]

Aleksandr Viktorovich

19562 , 330

GONCHAROV

Sergey Vasilyevich

19611 , 930

KHARKOV

Vyacheslav Yevseyevich

19511 , 960

MAKAROV

Mikhail Alekseyevich

19571 , 840

12.

20905/06

ILYUSHIK

Viktor Yakovlevich

19491 , 660

13.

22754/06

VALEYEVA

Rakiya Ilyasovna

19605 , 500

14.

28483 /06

YEVDOKIMOV

Aleksandr Sergeyevich

19481 , 856

15.

42053/06

MELNICHENKO

Mikhail Ivanovich

19525 , 500

16.

47040/06

KOPALINA

Olga Vyacheslavovna

19662 , 570

17.

6518/07

SERYAKOV

Aleksey Alekseyevich

19401 , 015

18.

19706/07

KOTOV

Yuriy Vladimirovich

1956

870

19.

20774/07

BONDARENKO

Zinaida Ivanovna

19481 , 550

20.

22639/07

SOROCHKIN

Aleksey Nikolayevich

1975

4 , 000

21.

28656/07

ZHIROVA

Tatyana Alekseyevna

19501 , 540

22.

35540/07

SAVOSTYANOVA

Tamara Dmitriyevna

1952

800

23.

38740/07

GRIDNEV [6]

Anatoliy Antonovich

19345 , 500

24.

39262/07

PANCHENKO

Aleksandr Valeryevich

1976

5 , 000

25.

44875/07

VALSHMIDT

Aleksey Viktorovich

19852 , 500

26.

2668/08

SHIKHALEYEVA

Lyubov Vasilyevna

1953

2 , 000

27.

10308/08

ANISHCHENKO

Vasiliy Nikolayevich

19604 , 100

28.

12456/08

GUSOVA

Elda Kazbekovna

1975

750

29.

13658/08

GAYDUKOV

Vasiliy Yuryevich

1981

4 , 000

30.

14783/08

VELMOZHKO

Dmitriy Yuryevich

19774 , 940

31.

14792/08

SHCHIPOVSKOV

Roman Aleksandrovich

19784 , 560

32.

14797/08

CHEMERKIN

Nikolay Leonidovich

19764 , 950

33.

14800/08

ASLANBEKOV

Kunakbek Navruzbekovich

19743 , 570

34.

14806/08

KAREV

Nikolay Aleksandrovich

19784 , 940

35.

19780/08

BESSONOV

Yevgeniy Valeryevich

19804 , 560

36.

21626/08

CHURZIN

Dmitriy Aleksandrovich

19792 , 740

37.

22625/08

LOBODA

Aleksandr Sergeyevich

19774 , 380

38.

24142/08

RYABYKH

Konstantin Vladimirovich

19773 , 490

39.

28771/08

APOSTOLOV

Vladislav Viktorovich

19823 , 900

40.

30947/08

KHAMIDOV

Timur Ramzanovich

19771 , 540

41.

31814/08

CHEPELEVA

Tatyana Mefodiyevna

19303 , 780

4 2 .

36412/08

ZAKHAROV

Aleksandr Aleksandrovich

19832 , 970

ZAKHAROV

Ivan Aleksandrovich

19782 , 970

4 3 .

36415/08

OVSYANNIKOV

Viktor Aleksandrovich

19654 , 940

4 4 .

39228/08

KASHTANOV

Sergey Yegorovich

1964

2 , 030

4 5 .

44265/08

KOMAROV

Andrey Vladimirovich

19815 , 350

4 6 .

44270/08

PYLTSYN

Sergey Viktorovich

19751 , 175

MARTYNOV

Sergey Viktorovich

Unspecified

1 , 175

4 7 .

48845/08

CHIKMAZOV

Timur Stanislavovich

19833 , 490

4 8 .

52360/08

SHAKHBANOV

Nazir Shakhbanovich

19782 , 760

49 .

59735/08

ARIPSHEV

Zaurbek Aslanbiyevich

19773 , 380

5 0 .

59755/08

VOROKOV

Anzor Borisovich

19773 , 300

5 1 .

17725/09

TOLOKEVICH

Sergey Bronislavovich

19652 , 200

5 2 .

64961/09

KLADKEVICH

Yuriy Vladimirovich

19602 , 200

[1] . Payment to be made to Ms G. Rudnitskaya instead of the late applicant

[2] . Rectified on 1 4 May 2012 : the text was “Borisovich”

[3] 3. Rectified on 17 August 2011: the text was “Timur”

[4] . Payment to be made to Ms V. Gruntenko instead of the late applicant

[5] . Payment to be made to Ms L. Dorofeyeva instead of the late applicant

[6] . Payment to be made to Ms Ye. Gridneva instead of the late applicant

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RUDNITSKIY AND OTHERS v. RUSSIA

RUDNITSKIY AND OTHERS v. RUSSIA

LEXI