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Постановление Европейского суда по правам человека от 02.09.2010 <Дело Таянко (Tayanko) против России» [англ.]



(Application No. 4596/02)


(Strasbourg, 2.IX.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Tayanko v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President,
Karel Jungwiert,
Anatoly Kovler,
Rait Maruste,
Isabelle {Berro-Lefevre} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Mirjana Lazarova Trajkovska,
Ganna Yudkivska, judges,
and Stephen Phillips, Deputy Section Registrar,
Having deliberated in private on 6 July 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (no. 4596/02) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Yuzef Ivanovich Tayanko ("the applicant"), on 18 September 2001.
2. The applicant was represented by Mr S.A. Markin, a lawyer practising in Ryazan. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 5 October 2005 the Court decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).


I. The circumstances of the case

4. The applicant was born in 1954 and lives in Ryazan.
5. The facts of the case, as submitted by the applicant, may be summarised as follows.
6. In 1986 the applicant was engaged in emergency operations at the site of the Chernobyl nuclear plant disaster. The applicant's entitlement to certain social benefits is linked to the category of disability assigned to him due to deterioration of his health as a result of these events.

A. Proceedings for allocation of a flat

7. In 1999 the applicant, who has been residing in a hostel room of 11 square metres with his wife and two daughters, asked the relevant local authority to provide him with free housing. The authorities found that his housing conditions were substandard and he was placed on a waiting list for concluding a social tenancy agreement.
8. On an unspecified date the applicant brought proceedings against the Ryazan Town Administration to challenge its failure to make free housing available to him within three months after placing him on the waiting list.
9. On 5 July 2000 the Sovetskiy District Court of Ryazan ruled in the applicant's favour and ordered the Ryazan Town Administration to provide the applicant with an appropriate housing for a family of four, in accordance with the housing and sanitary standards.
10. On appeal, the Ryazan Regional Court upheld the judgment on 13 September 2000.
11. On 5 February 2001 enforcement proceedings were opened. However, on 9 February 2001 they were stayed pending the examination of the authorities' request for supervisory review.

B. First round of the supervisory review proceedings

12. On 21 February 2001 the Prosecutor of the Ryazan Region lodged with the Ryazan Regiona

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