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Постановление Европейского суда по правам человека от 29.07.2010 <Дело Галина Кузнецова (Galina Kuznetsova) против России» [англ.]





ry of Finance and the Primorye Regional Department of the Ministry of Justice for compensation for damage caused by the bailiffs' failure to enforce the judgment of 12 February 2001.
12. On 4 February 2003 the District Court partly granted her action. The court found that the bailiff had failed to send the enforcement documents to the applicant in time and was inactive in obtaining the execution of the judgment. The court awarded the applicant RUB 5,000 against the local department of the Ministry of Justice as compensation for non-pecuniary damage and RUB 4,678.42 as compensation for expenses related to the enforcement and court proceedings against the regional department of the Ministry of Justice. The district court also held that the respondents were not under an obligation to pay the applicant RUB 40,642.50 because the bankruptcy proceedings in respect of the municipal company were pending and the applicant had been included in the register of the housing maintenance company creditors' claims. On 19 March 2003 the Primorye Regional Court upheld the judgment on appeal.
13. On 12 August 2003 RUB 9,678 of the court award had been paid to the applicant by the respondent authority.
14. According to the Government, at some point the bailiff was dismissed on account of her failure to ensure timely enforcement of the judgments in the applicant's favour. On 12 February 2004 the District Court held that the bailiff should repay RUB 7,078 of damages to the authorities.

THE LAW

I. Alleged violation of Article 6 of the Convention
and Article 1 of Protocol No. 1.

15. The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 about the delayed enforcement of the judgments of 12 February 2001 and 4 and 26 February 2003. Insofar as relevant, these Articles read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."

A. Admissibility

16. As regards the judgment of 4 February 2003, the Court notes that it has been executed in full on 12 August 2003, that is within less than five months from 19 March 2003, the date of its entry into force. Such delay cannot be said to be excessive from the Convention standpoint. It follows that this part of the complaint is manifestly ill-founded within the meaning of Article 35 § 3 of the Convention, and that it must be rejected pursuant to Article 35 § 4.
17. As regards the judgments of 12 February 2001 and 26 February 2003, The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

18. The Government admitted that the authorities' failure to assist the applicant in execution of the domestic awards resulted in delayed enforcement of the judgments in the applicant's favour and therefore had breached her Convention rights.
19. In the circumstances of the present case, the Court finds no reason to hold otherwise. Accordingly, there has been a violation of Article 6 § 1 of



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