Resolution CM/ ResDH (2020)282

Execution of the judgment of the European Court of Human Rights

Larisa Zolotareva against the Russian Federation

(Adopted by the Committee of Ministers on 3 December 2020

at the 1390 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

15003/04

LARISA ZOLOTAREVA

26/07/2011

26/10/2011

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see Appendix);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2020)282

Information about the measures to comply with the judgment in the Larisa Zolotareva case against Russian Federation

Case summary

The case concerns a violation of the applicant’s right to respect for her private life and home on account of the bailiff’s failure, in 1999, to comply with the requirements of domestic law during her eviction and on account of the domestic courts’ failure, in 2001, to offer her any compensation for non-pecuniary damage on the ground that she had not shown a causal link between the bailiff’s actions and such damage ( violation of Article 8).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

LARISA ZOLOTAREVA (15003/04)

-

EUR 5,000

EUR 1,540

EUR 6,540

26/01/2012

b) Other individual measures

The violation was found on account of the bailiff’s failure in carrying out the eviction procedure correctly. However, there is no indication that the eviction itself was ordered by the domestic courts wrongfully. It is further recalled that the applicant was provided with another flat before the beginning of the eviction procedure. Consequently, no other individual measures are required.

II. General measures

The judgment was translated, published and widely disseminated to all authorities directly concerned (notably the Constitutional and Supreme Courts, the General Prosecutor’s Office and the Federal Bailiffs Service).

As regards the bailiff’s failure to comply with domestic legislation when carrying out the eviction, this appears to have been an isolated incident arising from a rare mistake on the part of the bailiff. The authorities therefore believe that the publication and dissemination of this judgment will suffice to prevent similar violations.

As regards the court’s failure to award compensation for the bailiff ’ s non-compliance with domestic legislation in the enforcement proceedings, it appears from several examples provided by the authorities that , following the publication and dissemination of this judgment , the domestic court s’ practice has changed. It follows that Russian law as well as domestic practice contain sufficient guarantees in situations of bailiffs’ failures in eviction proceedings and that no further general measures are therefore necessary.

III. Conclusions of the respondent State

The government considers that no individual measures besides the payment of the just satisfaction are required to remedy the consequences of the violation of the Convention found by the European Court in this case , and that the general measures taken will prevent similar violations in the future. The Russian Federation has, therefore, complied with its obligations under Article 46, paragraph 1, of the Convention.