TUPITSINA v. RUSSIA
Doc ref: 9430/06 • ECHR ID: 001-169510
Document date: November 10, 2016
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Communicated on 10 November 2016
THIRD SECTION
Application no. 9430/06 Natalya Vladimirovna TUPITSINA against Russia and 2 other applications (see list appended)
STATEMENT OF FACTS
The applicants in the present three cases are three Russian nationals. Their names and years of birth are tabulated below. They live in different regions of Russia. The first and the third applicants are represented before the Court by Ms S.R. Mukhambetova , a lawyer practising in Yekaterinburg.
The circumstances of the case
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants sued different municipal companies, referred to in the A ppendix as the “debtor companies”. These companies were incorporated as municipal unitary enterprises and provided a wide range of services in the respective municipal districts in several regions of Russia .
On the dates tabulated below domestic courts made pecuniary awards in the applicants ’ favour , to be paid by the debtor companies. Particulars of each judgment are summarised in the appended table.
On the dates listed in the A ppendix the awards became enforceable.
It appears that the final judicial decisions in the applicants ’ favour have remained unenforced.
COMPLAINT
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complain about non-enforcement of court awards in their favour .
QUESTION TO THE PARTIES
Has the complaint regarding the non-enforcement of the final judgments in the 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.
Application No.
Lodged on
Applicant
Date of birth
Place of residence
Debtor company
Insolvency proceedings started and ended on
Judgement by
Date of the judgement
Its entry into force Award
9430/06
13/01/2006
Natalya Vladimirovna TUPITSINA
26/05/1971
Kurgan
FGUP Kurganpribor
01/2004 – 27/06/2005
Justice of the Peace of the 44th Court Circuit of the city of Kurgan of the Kurgan Region
28/04/2005
12/05/2005
Salary arrears and non ‑ pecuniary damage
4772/09
19/11/2008
Eduard Vladimirovich RUDNEV
12/02/1966
Pervouralsk ,
Sverdlovsk Region
MUP Zhilishchno - ekspluatatsionniy trest no. 3
Sverdlovsk Regional Court
09/08/2007
09/08/2007
Reinstatement at work
29800/16
13/01/2006
Lyudmila Pavlovna BABOSHINA
15/09/1946
Kurgan
FGUP Kurganpribor
01/2004 – 27/06/2005
Justice of the Peace of the 44th Court Circuit of the city of Kurgan of the Kurgan Region
28/04/2005
12/05/2005
Salary arrears and non ‑ pecuniary damage