Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




Постановление Европейского суда по правам человека от 08.04.2010 «Дело Ершова (Yershova) против России» [англ.]





ge extent, by the transfer of the main funds to a newly created municipal enterprise by the decision of the Town Council, which the applicant was not even able to contest before the courts. In such circumstances, the Court finds that the applicant was absolved from lodging complaints against the bailiffs' conduct since the reasons for the non-enforcement of the judgment were beyond the bailiffs' influence (see, mutatis mutandis, Mykhaylenky and Others, cited above, § 39). The Court accordingly dismisses the Government's objection.

4. Conclusion

66. The Court further 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

67. The Government submitted that the judgment of 7 December 2000 was fully enforced between October 2000 and February 2001, that is, within a reasonable time. The applicant did not submit the writ of execution to the liquidation commission and did not make a complaint against the insolvency manager to a court. The insolvency manager in her letters informed the applicant that her claims under the judgment had been included in the registry of the creditor's claims by mistake.
68. The applicant maintained her claims. She submitted that she had not and could not have received payments under the first judgment in her favour between October 2000 and February 2001, because the judgment itself was not issued until 7 December 2000 and the writ of execution was not forwarded to the debtor company until March 2001.
69. The Court reiterates at the outset that an unreasonably long delay in the enforcement of a binding judgment may breach the Convention. To decide if the delay was reasonable, the Court will look at how complex the enforcement proceedings were, how the applicant and the authorities behaved, and what the nature of the award was (see Raylyan v. Russia, No. 22000/03, § 31, 15 February 2007).
70. Turning to the present case, the Court notes that the judgment of 3 December 2001 has not yet been enforced. The delay of enforcement has thus lasted over seven years. As regards the judgment of 7 December 2000, the Court is not persuaded that the execution of the court award could have started in October 2000, that is, two months earlier than the judgment in the applicant's favour was delivered. In any event, it is not in possession of any documents showing that the payments referred to by the Government had actually been made. The Court considers that the judgment of 7 December 2000 has accordingly remained unenforced for more than eight years to date.
71. The periods of seven and eight years are prima facie incompatible with the Convention. The Government justify the delay mainly with regard to the respective liquidation and disbandment of the defendants, but the Court has previously rejected this excuse in similar circumstances (see Shlepkin, cited above, § 25).
72. The Court reiterates that, having previously rejected such a justification in similar circumstances (see Shlepkin, cited above, §§ 24 - 25) it does not see any reason to reach a different conclusion in the present case. Indeed, the company's debts were found to be imputable to the State authorities, which had thus to ensure that the judgment debt was paid in a timely and appropriate manner. While liquidation proceedings may objectively justify some limited delays in enforcement, the continuing non-enforcement of the judgments in the applicant's favour for seven or eight years could hardly be justified in any circumstances. The facts of the present case would rather suggest that the municipal authorities did not consider themselves bound by the obligation to honour the judgment debt after they had decided to liquidat



> 1 2 3 ... 9 10 11 12

Поделиться:

Опубликовать в своем блоге livejournal.com
0.2185 СЃ