Постановление Европейского суда по правам человека от 04.03.2010 «Дело Рыбакова и другие (Rybakova and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF RYBAKOVA AND OTHERS v. RUSSIA
(Application No. 22376/05)

JUDGMENT <*>

(Strasbourg, 4.III.2010)

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<*> 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 Rybakova and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 9 February 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 22376/05) 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, Ms Lidiya Arkadyevna Rybakova, Mr Vladislav Nikolayevitch Belyayev, Mr Yuriy Vladislavovitch Belyayev and Ms Marina Vladimirovna Belyayeva ("the applicants"), on 12 June 2005.
2. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the Court.
3. The applicants complained, in particular, about lengthy non-enforcement of the final and binding judgment in their favour, which had ordered authorities to register the applicants' property title to two vehicles.
4. On 22 January 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

5. The applicants were born in 1938, 1939, 1965 and 1963 respectively and live in Novosemeykino, Samara Region.
6. The applicants are owners of two vehicles. Following the refusal of the Samara Region State Inspectorate for Road Safety (ОГИБДД по Самарской области) (the "Inspectorate") to register their property title to the vehicles, in October 2000 the applicants brought judicial proceedings against the Inspectorate.
7. On 7 May 2003 the Samarskiy District Court of Samara found for the applicants and ordered the Inspectorate to register their title to the vehicles. On 9 June 2003 the Samara Regional Court upheld the judgment on appeal.
8. On 30 June 2003 the writ of execution was sent to one of the applicants, Mr Yuriy Belyayev, who however did not receive it. On 8 August 2003 the writ was sent to him for the second time, and Mr Yuriy Belyayev received it on 9 August 2003.
9. On 29 May 2006 the enforcement proceedings were opened at the applicants' request.
10. On 31 August 2006 the Inspectorate informed the bailiff that it could not register the applicants' title and that the writ of execution should be sent to a special state body responsible for vehicles' registration (Samara Inter-District Department of Registration and Examination - Межрайонный регистрационно-экзаменационный отдел г. Самары). On the same day the bailiff asked the court to accordingly change the debtor in the enforcement proceedings. On 20 September 2006 the Samara District Court of Samara granted the request.
11. On 30 November 2006 the same court, on t

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