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KIRSANOV AND OTHERS v. RUSSIA
Doc ref: 4915/06 • ECHR ID: 001-172235
Document date: February 20, 2017
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KIRSANOV AND OTHERS v. RUSSIA
Doc ref: 4915/06 • ECHR ID: 001-172235
Document date: February 20, 2017
Cited paragraphs only
Communicated on 20 February 2017
THIRD SECTION
Application no. 4915/06 Fedor Alekseyevich KIRSANOV and others against Russia lodged on 29 December 2005
STATEMENT OF FACTS
1. The applicants are Russian nationals whose names and d a tes of birth are tabulated below. They live in Kurgan. They are represented before the Court by Ms S.R. Mukhambetova , a lawyer practising in Yekaterinburg .
A. The circumstances of the case
2. The facts of the case, as submitted by the applicants, may be summarised as follows.
1. Non-enforcement of final judgments in twenty applicants ’ favour
3. Twenty applicants obtained monetary court awards against Federal State Unitary enterprise “ Kurganpribor ” ( ФГУП « Курганприбор » ) (hereafter “the company”), as tabulated in Appendix I below . In January 2004 insolvency proceedings started in respect of the company.
4. On 31 March 2005, the applicants complained to domestic courts about the liquidator ’ s acts. On 11 May 2005 the Commercial Court of the Kurgan Region declared the liquidator ’ s acts lawful. The applicants appealed. On 28 July 2005 the Commercial Court of the Kurgan Region discontinued the proceedings on the ground that the enterprise had already been liquidated and that on 27 June 2005 its name had been deleted from the Uniform State Register of Legal Entities ( Единый государственный реестр юридических лиц ) .
5. T he applicants maintain that they learnt about the company ’ s liquidation on 28 July 2005 in the course of the proceedings related to their complaint about the liquidator ’ s acts.
6. According to the applicants, the court awards in their favour have not been fully enforced to date.
2. Proceedings related to sixteen applicants ’ pensions
7. Sixteen applicants sued the Pension Fund of the Russian Federation ( Пенсионный фонд Российской Федерации ) (hereafter – the Fund) for having failed to pay them pensions in respect of the years 2002-2005.
8. On the dates tabulated in Appendix II below domestic courts dismissed the applicants ’ claims on the ground that the Pension Fund had received no contributions in respect of the relevant period and, accordingly, the calculation of the pensions ’ amounts by the Fund had been accurate.
B. Relevant domestic law
9. Article 10 § 1 of Federal Law no. 173-FZ of 17 December 2001 stipulates that the aggregate duration of work periods taken into consideration for the purposes of calculation of pension amount includes periods of work or other activity, provided that contributions were paid to the Pension Fund of the Russian Federation in respect of those periods.
10. Article 28 § 3 of Federal Law no. 127-FZ of 26 October 2002 “On insolvency (bankruptcy)”, as in force at the material time, provides that decisions of discontinuation of insolvency proceedings shall be published. Article 57 § 1 of the same law stipulates that a commercial court discontinues the insolvency proceedings when the liquidation proceedings ( конкурсное производство ) are closed.
COMPLAINTS
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, twenty applicants complain about non-enforcement of court awards in their favour .
Relying on Article 1 of Protocol No. 1 to the Convention, sixteen applicants complain about the refusal to pay them pensions in respect of 2002-2005.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the sixteen applicants ’ right to peaceful enjoyment of their possessions, following the refusal to pay them pensions in respect of 2002-2005 ( Carson and Others v. the United Kingdom [GC], no. 42184/05, § 64, ECHR 2010)? In particular, has there been an interference with the applicants ’ right to peaceful enjoyment of their possessions following that refusal? If so, has the interference been in the public interest and subject to the conditions provided for by law?
2. Has the complaint regarding the non-enforcement of the final judgments in the twenty applicants ’ favour been introduced within six months, as required by Article 35 § 1 of the Convention? In particular, was the decision to discontinue the insolvency proceedings published, in accordance with Article 28 § 3 and Article 57 § 1 of Federal Law no. 127 ‑ FZ of 26 October 2002 “On insolvency (bankruptcy)”? If so, when and where? Were the applicants informed of that decision by any other means?
Appendix
No.
Applicant ’ s name
Date of birth
Judgment by
Date of the judgment,
in force on
Amount awarded, date of enforcement (if enforced)
Fedor Alekseyevich KIRSANOV
22/02/1942
Kurgan City Court of the Kurgan Region
21/08/2001, in force on 01/09/2001
EUR 1,522
partly enforced
Justice of the Peace of the 44th Court Circuit of the city of Kurgan of the Kurgan Region
09/03/2004, in force on 29/03/2004
EUR 1,902
not enforced
Galina Georgiyevna ALEKSANDROVA
16/05/1947
Justice of the Peace of the 44th Court Circuit of the city of Kurgan of the Kurgan Region
28/04/2005,
in force on 12/05/2005
EUR 130
Margarita Vladimirovna ARTYUSHKINA
15/11/1951
EUR 108
Galina Viktorovna BUZMAKOVA
13/12/1957
EUR 133
Svetlana Ivanovna CHEREPANOVA
20/08/1946
EUR 203
Vladimir Georgiyevich FOMIN
30/11/1944
EUR 191
Rozaliya Abrarovna GOMZYAKOVA
29/12/1942
EUR 154
Tamara Nikolayevna GONTSOVA
04/06/1949
EUR 153
Zinaida Fedorovna KUKSILOVA
05/11/1946
EUR 137
Nadezhda Vladimirovna KULTYSHEVA
22/11/1950
EUR 135
Aleksandr Stepanovich KUTYGIN
14/12/1938
EUR 153
Tatyana Pavlovna NASONOVA
12/07/1951
EUR 176
Boris Stepanovich NECHAYEV
07/05/1939
EUR 130
Lyudmila Nikolayevna PERSHUKOVA
14/09/1951
EUR 97
Valentina Prokhorovna RYBINA
29/09/1946
EUR 65
Nina Maksimovna RYZHIKH
15/01/1946
EUR 228
Nadezhda Andreyevna SAFONOVA
17/02/1951
EUR 152
Vladimir Nikolayevich SHASHIN
12/03/1944
EUR 217
Zhanna Nikolayevna TSVETKOVA
15/04/1938
EUR 164
Nadezhda Vasilyevna ULYANOVA
24/01/1949
EUR 123
APPENDIX II
No.
Applicant ’ s name
Date of birth
Judgment by
Date of the judgment,
in force on
Lyubov Mikhaylovna PUGACH
25/04/1947
Kurgan City Court of the Kurgan Region
21/02/2006
18/04/2006
Aleksandr Feodosyevich PUGACH
12/01/1944
Nadezhda Vladimirovna KULTYSHEVA
22/11/1950
Valentina Prokhorovna RYBINA
29/09/1946
Kurgan City Court of the Kurgan Region
26/01/2006
25/04/2006
Vladimir Nikolayevich SHASHIN
12/03/1944
Tamara Nikolayevna GONTSOVA
04/06/1949
Zinaida Fedorovna KUKSILOVA
05/11/1946
Rozaliya Abrarovna GOMZYAKOVA
29/12/1942
Zhanna Nikolayevna TSVETKOVA
15/04/1938
Nadezhda Vasilyevna ULYANOVA
24/01/1949
Kurgan City Court of the Kurgan Region
26/01/2006
27/04/2006
Galina Georgiyevna ALEKSANDROVA
16/05/1947
Sergey Vadimovich KUKSILOV
08/05/1949
Galina Yakovlevna LEGOTINA
21/11/1947
Lyudmila Ivanovna KOROTKIKH
15/01/1950
Fedor Alekseyevich KIRSANOV
22/02/1942
Kurgan City Court of the Kurgan Region
02/02/2006
11/04/2006
Vladimir Georgiyevich FOMIN
30/11/1944
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