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





he bailiff's initiative, ordered the enforcement proceedings to be discontinued. The applicants appealed, claiming that they had not been duly informed about the proceedings, and on 27 August 2007 the Samara Regional Court quashed that decision and remitted the matter for fresh consideration. On 26 September 2007 the Samara District Court rejected the bailiff's request to discontinue the enforcement proceedings. The decision came into force on 10 October 2007.
12. On 27 June 2008 the applicants' title to one of the vehicles was duly registered.
13. On 28 June 2008 the applicants informed the bailiff of their decision not to register their title to the second vehicle on the grounds that it had become worthless.
14. On 24 November 2008 the enforcement proceedings were closed.

THE LAW

I. Alleged violation of Article 6 § 1 of the Convention
and of Article 1 of Protocol No. 1 on account
of non-enforcement

15. The applicants complained under Article 6 of the Convention and Article 1 of Protocol No. 1 that the judgment of 7 May 2003 in their favour had not been enforced in good time. Insofar as relevant, these Articles read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law."
16. The Government contested that argument. They argued that the applicants had requested the opening of the enforcement proceedings on 29 May 2006, thus the State was not responsible for non-enforcement until that date. They asserted that the applicants were not interested in the enforcement, as, for example, they only appealed against the decision of 30 November 2006 to discontinue the enforcement proceedings on 29 May 2007. The Government further affirmed that the State was not responsible for non-enforcement from 10 October 2007, as the applicants obstructed the enforcement by failing to submit the relevant requests and to pay for the registration.

A. Admissibility

17. The Court 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

18. The Court reiterates that an unreasonably long delay in the enforcement of a binding judgment may breach the Convention (see Burdov v. Russia, No. 59498/00, ECHR 2002-III). To decide if the delay was reasonable, the Court will look at how complex the enforcement proceedings were, how the applicants and the authorities behaved, and what was the nature of the award (see Raylyan v. Russia, No. 22000/03, § 31, 15 February 2007).
19. In the present case the judgment was not difficult to enforce as it required only a registration of the applicants' property title to the vehicles.
20. As to the conduct of the applicant and the authorities, the Court reiterates that where a judgment is against the State, as in this case, it must take initiative to enforce it. The requirement of the creditor's cooperation must not go beyond what is strictly necessary (see Akashev v. Russia, No. 30616/05, §§ 21 - 23, 12 June 2008).
21. The authorities' failure to enforce the judgment for more than five years (from May 2003 till June 2008) allows the Court to conclude that there has been a violation of Article 6 and of Article 1 of Protocol No. 1 on account of failure to enforce the judgmen



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