Постановление Европейского суда по правам человека от 22.01.2009 «Дело Лоторевич (Lotorevich) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF LOTOREVICH v. RUSSIA
(Application No. 16048/06)

JUDGMENT <*>

(Strasbourg, 22.I.2009)

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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 Lotorevich 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 {Andre} <*> Wampach, Deputy 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 16 December 2008,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 16048/06) 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 a Russian national, Mr Andrey Yevgenyevich Lotorevich ("the applicant"), on 6 April 2006.
2. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 7 May 2007 the President of the First Section decided to communicate the complaint concerning non-enforcement of a binding judgment 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

I. The circumstances of the case

4. The applicant was born in 1959 and lives in Krasnoznamensk, a town in the Moscow Region.
5. At the material time the applicant was a lieutenant colonel of Space Forces. After 22 years of service, he was due to retire on reaching the age limit in August 2004. Under domestic law, long-serving servicemen in need of better housing (the applicant met this condition) could be discharged against their will only if the command provided them with such housing. When preparing his discharge, the applicant insisted that the command provide him with a flat and did not agree to be discharged "flatless" (бесквартирным).
6. As the flat had not been provided in time, the applicant sued his command. On 25 February 2005 the Krasnoznamensk Garrison Military Court ordered the command to provide the applicant with housing at his place of service and, once this done, to discharge him. This judgment became binding on 10 March 2005 but was not enforced immediately.
7. In February 2006 the applicant was offered a flat in Bolshie Vyazyomy, a village 3.5 km away from Krasnoznamensk. The applicant refused this offer, insisting that the flat should be located in Krasnoznamensk itself.
8. On 15 June 2007 the applicant received a flat in Krasnoznamensk. He was discharged later the same year.

II. Relevant domestic law

9. Under section 9 of the Federal Law on Enforcement Proceedings of 21 July 1997, a bailiff must enforce a judgment within two months.
10. Under section 23 § 1 of the Federal Law on the Status of Servicemen, servicemen who have served ten years and more and whose housing needs to be improved cannot be discharged against their will without the provision of such housing.
11. According to the Ruling of the Constitutional Court 322-O of 30 Septemb



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