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Постановление Европейского суда по правам человека от 20.05.2010 «Дело Бутенко и другие (Butenko and others) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF BUTENKO AND OTHERS v. RUSSIA
(Applications Nos. 2109/07, 2112/07, 2113/07 and 2116/07)

JUDGMENT <*>

(Strasbourg, 20.V.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 Butenko and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 29 April 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in four applications (Nos. 2109/07, 2112/07, 2113/07 and 2116/07) 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 four Russian nationals, whose names and dates of birth appear in the appended table. The respective dates of introduction of the applications are also shown in the table.
2. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the Court.
3. The applicants alleged in particular that judgments given in their favour had not been enforced.
4. On 24 September 2008 the President of the First Section decided to communicate these applications to the respondent Government. It was also decided in all cases to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).

THE FACTS

I. The circumstances of the case

5. The applicants are four Russian nationals.
6. As victims of the Chernobyl nuclear disaster they were entitled to social housing under domestic law. Because the authorities had failed to provide them with housing in good time, the applicants sought relief in courts. In October and December 2004 the Pervomayskiy District Court of Krasnodar ("the District Court") held for the applicants, the judgments became binding. The details of the judgments are shown in the appended table.
7. In March 2006 the writs of execution were issued in respect of the judgments. According to the writs, the applicants were to be granted housing, as ordered by the domestic court.
8. In 2006 the respondent authority offered the applicants to settle the case by providing them with cash payment in the amount allegedly representing the value of the flat. The applicants submitted that the amounts proposed were manifestly lower than the market value of the flats granted by the domestic judgments.
9. By four separate written statements the applicants refused the offer. They stated in their refusals that in accordance with the judgments in their favour and with the writs of execution the authorities were under obligation to provide them with flats, and not with the sums of money.
10. On 24 May 2007 the District Court instructed the bailiffs to enforce the judgments in accordance with the writs of execution.
11. On 20 November 2007 the bailiffs informed the applicants that the execution of the judgments in compliance with the writs was impossible, "since the Administration of the Krasno



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