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Постановление Европейского суда по правам человека от 18.02.2010 «Дело Грибаненков (Gribanenkov) против России» [англ.]





ber 2003 the Sosnoviy Bor Town Court awarded the applicant 624,653.85 Russian roubles (RUB) in arrears and increased the monthly disability allowance to RUB 28,205.27 as from December 2003. On 14 January 2004 that judgment was upheld by the Leningradskiy Regional Court.
14. In August 2005 the judgment was enforced in full.
15. On 31 January 2006 the Sosnoviy Bor Town Court adjusted the sums awarded under the judgment of 28 November 2003, which had been paid belatedly, to allow for inflation and awarded the applicant RUB 83,185. The decision became final on 16 March 2006 and was enforced on 4 December 2007.

B. Second set of proceedings

16. On 3 March 2004 the applicant brought a new action against the authorities seeking an increase in the monthly disability allowance he was entitled to receive.
17. On 6 December 2004 the Sosnovoborskiy Town Court awarded the applicant RUB 63,445 in arrears for the period from 1 July 2000 to 1 January 2004 and RUB 225,721.98 in arrears for the period from 1 January to 30 November 2004, and increased the monthly disability allowance from RUB 28,205.27 to RUB 30,000 as from December 2004. The parties did not appeal against the judgment and it became final on 17 December 2004.
18. The judgment was enforced in full on 20 April 2007.
19. On 29 March 2006 the Sosnoviy Bor Town Court adjusted the sums awarded under the judgment of 6 December 2004, which had been paid belatedly, to allow for inflation and awarded the applicant RUB 36,688.91. The decision was enforced on 4 December 2007.

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

20. The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the judgment of 28 November 2003 as upheld by the judgment of 14 January 2004, and of the judgment of 6 December 2004.
21. 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. [...]"
22. The Government, in their memorandum of 20 February 2006, admitted that the judgment of 28 November 2003, as upheld on appeal on 14 January 2004, and the judgment of 6 December 2004 were not fully enforced within a reasonable time, which violated the applicant's right to peaceful enjoyment of possessions. At the same time, in a letter of 10 July 2007, they argued that the applicant's rights were not violated as the decisions in his favour had eventually been fully enforced.

A. Admissibility

23. The Court observes that by the court decisions of 31 January 2006 and 29 March 2006 the applicant was awarded inflation-adjusted compensation for the belated enforcement of the judgments. However, this cannot be considered as adequate redress as the enforcement of these decisions also took an unreasonably long time, namely 20 and 19 months (see paragraphs 16 and 20 above). Only payment made without undue delay, together with acknowledgement of the violations by the authorities, might under certain circumstances have deprived the applicant of his victim status. Accordingly, the applicant may still claim to be a "victim" (see Lesnova v. Russia, No. 37645/04, § 13, 24 January 2008, and Burdov v. Russia (No. 2), No. 33509/04, § 52, ECHR 2009-...).
24. The Court notes that this compla



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