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





the Convention and Article 1 of Protocol No. 1 on account of non-enforcement of the judgments dated 12 February 2001 and 26 February 2003.

II. Other alleged violations of the Convention

20. The applicant complained under Article 6 §§ 1 and 3 (c) of the Convention that she had not been provided with legal assistance in the course of the proceedings concerning compensation for damages and that the court proceedings to which she had been a party had been unfair.
21. Having regard to all the material in its possession, and in so far as the matters complained of were within its competence, the Court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

22. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

23. The applicant claimed 57,577 Russian roubles (RUB) in respect of pecuniary damage. Of this sum, RUB 50,577 represented the unpaid amount awarded by the judgment of 12 February 2001 and RUB 7,000 an estimate cost of repair of the electrical wiring in the applicant's flat. She submitted that there was a direct link between the respondent municipal company's failure to repair her flat contrary to the domestic judgment and the above maintenance expenses. She furnished an estimate of the repair costs made by a local electricity provider. The latter certified that it would repair the flat at the applicant's expense. The applicant further claimed 1,000,000 euros (EUR) in respect of non-pecuniary damage.
24. The Government invited the Court to reject the claim for pecuniary damages, because there was no link between the alleged violation and the amounts claimed. They submitted, without further details, that the respondent in the domestic proceedings was a municipal company, a separate legal entity, and the State was not bound by its debts. They further submitted that the amount of EUR 900 would be sufficient to compensate the non-pecuniary damage suffered by the applicant as a result of the above violations.
25. As regards the claim for pecuniary damage, the Court notes that the judgment of 12 February 2001 remains unenforced. It further notes that the Government explicitly acknowledged the authorities' responsibility for the failure to execute the domestic judicial decision in time. Therefore, the Court finds that the Government that should pay the applicant the equivalent in euros of the unpaid judgment debt in the amount claimed by the applicant. Furthermore, it is a common ground between the parties the judgment in the part ordering the repair of the flat had not been executed by the respondent company either. Turning to the applicant's claim in this respect, the Court notes a causal link between the claim submitted and the violation found. Given that the applicant substantiated her claim of RUB 7,000 with a detailed estimate by the domestic electricity provider and that the Government had not challenged the method of calculation used by the applicant, the Court also grants her claim in this part. In sum, the Court considers it appropriate to allow the applicant's claims in respect of pecuniary damage in full and awards her EUR 1,448, plus any tax that may be chargeable, under this head.
26. The Court further awards the applicant EUR 1,400 in respect of non-pecuniary damage, plus any tax that may be chargea



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