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

ecutor's office opened criminal proceedings against Yakutsk Town Council on suspicion of the deliberate creation of the insolvency of the enterprise in relation to the transfer of a major part of the company's assets to the newly-created municipal company, MUP Teploenergiya.
23. On 16 May 2002 the Presidium of the Supreme Court of Sakha (Yakutiya) quashed the judgment of 16 May 2001 on a supervisory review and confirmed the lawfulness of the Town Council's decision to transfer the municipal company's property to MUP Teploenergiya. With reference to section 104 of the Federal Insolvency Act (see paragraph 42 below), the court found that the transferred property in question had been withdrawn from circulation, that it constituted an exempt asset because of its vital importance for the region and the authorities had lawfully transferred the property in question to a different company.
24. On 11 June 2002 the criminal proceedings were discontinued, owing to the absence of a criminal act in the actions of the town administration.
25. On 26 November 2002 the Commercial Court of the Sakha (Yakutiya) Republic declared the enterprise insolvent and discharged it from all obligations and debts, including those before the applicant.
26. By a letter of 16 January 2003 the prosecutor informed the applicant about the intention of the prosecutor's office to challenge the judgment of 16 May 2002 by the Presidium of the Supreme Court of Sakha (Yakutiya) by way of the supervisory-review proceedings. The parties have not submitted any information on the outcome of the proceedings.

C. The applicant's action against the liquidation commission

27. On 25 February 2003 the applicant brought new court proceedings, claiming that the local authorities should be held vicariously liable for the company's debts.
28. On 24 March 2003 the Yakutsk Town Court dismissed the applicant's claim as having no basis in domestic law.
29. On 23 April 2003 the Supreme Court of the Sakha (Yakutiya) Republic quashed the decision and remitted the case for re-examination to the first-instance court. The Supreme Court noted, in particular, that Yakutsk Town Council had handed a significant part of the company's assets over to a newly created municipal enterprise. The court considered that the company's inability to satisfy its creditors' claims was closely linked to the transfer. The court considered that the lower court had not examined these circumstances when deciding on the local administration's liability for the company's debts.
30. On 10 June 2003 the Yakutsk Town Court examined the case afresh. With reference to the decision to discontinue the criminal proceedings in respect of suspicion of deliberate creation of insolvency, the court found that the removal and transfer of the company's assets had been lawful and dismissed the applicant's claims.
31. On 9 July 2003 the Supreme Court of the Sakha (Yakutiya) Republic upheld that decision.

D. Proceedings before the Constitutional Court

32. The applicant applied to the Constitutional Court, claiming that the provisions of the Federal Insolvency Act, which stipulated that, where there was a lack of assets, the debtor was to be released from claims that were unsatisfied in the insolvency proceedings, were incompatible with the Constitution.
33. On 8 June 2004 the Constitutional Court of the Russian Federation rejected her complaint.

E. Current enforcement status of the judgments
in the applicant's favour

34. According to the Government, the debtor company enforced the judgment of 7 December 2000 between October 2000 and February 2001. According to the applicant, the judgment of 7 December 2000, in the part concerning the pa

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