Resolution CM/ ResDH (2018)337 Execution of the judgment of the European Court of Human Rights Sergey Smirnov against Russian Federation

(Adopted by the Committee of Ministers on 20 September 2018 at the 1324 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

14085/04

Sergey Smirnov

22/12/2009

22/03/2010

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 violation 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

Information about the measures to comply with the judgment

in the case of Sergey Smirnov against Russian Federation

Case summary

The case concerns the violation of the applicant ’ s right to access to a court on account of the courts ’ refusal, in 2002 and 2003, to examine his civil claims for failure to indicate a fixed or registered place of residence (violation of Article 6, paragraph 1). The Court held that such a refusal constituted excessive and unjustified formalism in the interpretation of the procedural requirement for a plaintiff to indicate his or her place of residence. The Court noted that in domestic law it is the defendant ’ s address which determines territorial jurisdiction, and found that a correspondence address, which the applicant did provide, would have been sufficient for the administration of justice.

I. Payment of just satisfaction and other individual measures

a) Payment of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

-

2,000 EUR

-

2,000 EUR

19/07/2010

b) Other individual measures

The applicant has not requested re-opening of the proceedings or lodged his claim anew. In these circumstances, no other individual measure is required.

II. General measures

The violation found in this case represents an isolated incident. The judgment of the European Court has been published and widely disseminated, to prevent new similar violations. No further general measures are required.

III. Conclusions of the respondent State

The government considers that no individual measure is required in this case, apart from the payment of the just satisfaction, and that the general measures adopted will prevent similar violations. The Russian Federation has, therefore, complied with its obligations under Article 46, paragraph 1, of the Convention.