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Постановление Европейского суда по правам человека от 15.01.2009 "Дело "Бурдов (Burdov) против Российской Федерации" (N 2)" [рус., англ.]





gal remedies or add new remedies to secure genuinely effective redress for the violation of the Convention rights concerned (see Lukenda, cited above, § 98; Xenides-Arestis, cited above, § 40). It is also for the State to ensure, under the supervision of the Committee of Ministers, that a new remedy or a combination of remedies respects both in theory and in practice the requirements of the Convention as set out in the present judgment (see notably §§ 96 - 100). In so doing, the authorities may also have due regard to the Committee of Ministers' Recommendation Rec(2004)6 to member states on the improvement of domestic remedies.
141. The Court accordingly concludes that the respondent State must introduce a remedy which secures genuinely effective redress for the violations of the Convention on account of the State authorities' prolonged failure to comply with judicial decisions delivered against the State or its entities. Such a remedy must conform to the Convention principles as laid down notably in the present judgment and be available within six months from the date on which the present judgment becomes final (compare Xenides-Arestis, cited above, § 40 and point 5 of the operative part).
(d) Redress to be granted in similar cases
142. The Court recalls that one of the aims of the pilot-judgment procedure is to allow the speediest possible redress to be granted at the domestic level to the large numbers of people suffering from the structural problem identified in the pilot judgment (see paragraph 127 above). It may thus be decided in the pilot judgment that the proceedings in all cases stemming from the same structural problem be adjourned pending the implementation of the relevant measures by the respondent State. The Court considers it appropriate to adopt a similar approach following the present judgment, while differentiating between the cases already pending before the Court and those that could be brought in the future.
(i) Applications lodged after the delivery of the present judgment
143. The Court will adjourn the proceedings on all new applications lodged with the Court after the delivery of the present judgment, in which the applicants complain solely of non-enforcement and/or delayed enforcement of domestic judgments ordering monetary payments by State authorities. The adjournment will be effective for a period of one year after the present judgment will become final. The applicants in these cases would be informed accordingly.
(ii) Applications lodged before the delivery of the present judgment
144. The Court decides, however, to follow a different course of action in respect of the applications lodged before the delivery of the judgment. In the Court's view, it would be unfair if the applicants in such cases, who have allegedly been suffering for years of continuing violations of their right to a court and sought relief in this Court, were compelled yet again to resubmit their grievances with the domestic authorities, be it on the grounds of a new remedy or otherwise.
145. The Court therefore considers that the respondent State must grant adequate and sufficient redress, within one year from the date on which the judgment becomes final, to all victims of non-payment or unreasonably delayed payment by State authorities of a domestic judgment debt in their favour who lodged their applications with the Court before the delivery of the present judgment and whose applications were communicated to the Government under Rule 54 § 2(b) of the Rules of the Court. It is recalled that delays in the enforcement of judgments should be calculated and assessed by reference to the Convention requirements and, notably, in accordance with the criteria as defined in the present judgment (see in particular paragraphs 66 - 67 and 73 above). In the Court's view, such redress may be achieved through implementation proprio motu by the a



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