Постановление Европейского суда по правам человека от 21.10.2010 «Дело Петр Королев (Petr Korolev) против России» [англ.]

take all necessary initiatives to comply with it or to transmit it to another competent State authority responsible for compliance (see Akashev v. Russia, No. 30616/05, § 21, 12 June 2008). At the same time, the Court admitted in the past that a successful litigant may be required to undertake certain procedural steps in order to recover the judgment, provided that the required formalities do not gravely restrict or reduce his access to the enforcement proceedings (see Shvedov v. Russia, No. 69306/01, § 32, 20 October 2005).
50. Turning to the present situation, the Court observes that the link between a court of one State and the authorities of another State is not as immediate and evident as that between the judicial and enforcement authorities of the same State. It is clear that in the modern environment most States choose to install a special implementation procedure for the judgments adopted by other States, unless they have previously agreed to a different standard. Therefore the Court considers it reasonable to distinguish the applicant's situation from the one where both adjudication of the dispute and implementation of the judgment occur in the same national legal system. It will now look at what remedies were available to the applicant.
51. The Court reiterates that the only remedies required by Article 35 of the Convention to be exhausted are those that relate to the breaches alleged and at the same time are available and sufficient. It is incumbent on the Government claiming non-exhaustion to satisfy the Court that the remedy was an effective one available in theory and in practice at the relevant time, which was capable of providing redress in respect of the applicant's complaints and offered reasonable prospects of success. However, once this burden of proof has been satisfied it falls to the applicant to establish that the remedy advanced by the Government was in fact exhausted or was for some reason inadequate and ineffective in the particular circumstances of the case or that there existed special circumstances absolving him or her from the requirement (see Selmouni v. France [GC], No. 25803/94, §§ 75 - 76, ECHR 1999-V).
52. Following this approach, the Court recalls that indeed in arguing for the effectiveness of the suggested remedy, the Government drew on the precedents available in respect of the countries with which Russia does have an international treaty providing for mutual recognition and enforcement of each other's judgments (see para. 41 above). It is satisfied that no such treaty exists between Russia and South Africa. At the same time, in view of the decision of the Supreme Court of Russia of 7 June 2002 cited above (paragraph 40), it is cognisant that the Russian legal system does not exclude enforcement of the judgments adopted by the courts of the State with which Russia has no pertinent agreement and authorizes the courts of general jurisdiction to consider other relevant factors when examining the case. Seeing that the cited decision was already in force at the time the applicant obtained a judgment of the South African court in his favour, the Court cannot accept the applicant's argument that lack of a relevant agreement between two States automatically rendered the most obvious legal remedy in his case ineffective and his potential attempts to take advantage of it superfluous. It considers that, especially in view of the fact that the applicant had explored several other avenues of action to attain his goal, no objective circumstance existed that would have made it impossible for him to file a request with a national court for enforcement of the judgment.
53. Regard being had to the above, the Court concludes that the applicant had not exhausted the available domestic remedies. Therefore, this complaint should be rejected in accordance with Article 35 §§ 1 and 3 of the Convention.

III. Alleged violation of Arti



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