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

аправлено в письменном виде 15 января 2009 г. в соответствии с пунктами 2 и 3 правила 77 Регламента Суда.

Председатель Палаты Суда
Христос РОЗАКИС

Заместитель Секретаря Секции Суда
Андре ВАМПАШ





EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF BURDOV v. RUSSIA (No. 2)
(Application No. 33509/04)

JUDGMENT <*>

(Strasbourg, 15.I.2009)

--------------------------------
<*> 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 Burdov v. Russia (No. 2),
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,
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. 33509/04) 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 Anatoliy Tikhonovich Burdov ("the applicant"), on 15 July 2004.
2. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the Court, and by Mr G. Matyushkin, Representative of the Russian Federation at the Court.
3. The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 about the authorities' failure to comply with judgments delivered by domestic courts in his favour.
4. On 22 November 2007 the President of the First Section decided to communicate the applicant's complaint to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
5. On 3 July 2008 the Chamber decided, under Rule 54 § 2 (c) of the Rules of Court, to grant the case priority under Rule 41 and to invite the parties to submit further written observations on the above application. The Chamber furthermore decided to inform the parties that it was considering the suitability of applying a pilot-judgment procedure in the case (see Broniowski v. Poland [GC], 31443/96, §§ 189 - 194 and the operative part, ECHR 2004-V, and Hutten-Czapska v. Poland [GC] No. 35014/97, ECHR 2006-... §§ 231 - 239 and the operative part). The applicant provided further observations on 11 August 2008 and the Government on 26 September 2008.

THE FACTS

I. The circumstances of the case

6. The applicant, Mr Anatoliy Tikhonovich Burdov, is a Russian national who was born in 1952 and lives in Shakhty, in the Rostov region of the Russian Federation.
7. On 1 October 1986 the applicant was called up by the military authorities to take part in emergency operations at the site of the Chernobyl nuclear plant disaster. The applicant was engaged in the operations until 11 January 1987 and, as a result, suffered from extensive exposure to radioactive emissions. He is entitled to various social benefits in this connection.
8. Considering that the competent State authorities failed to pay these benefits in full and in due time, the applicant repeatedly sued them in domestic courts from 1997 onwards. The courts repeatedly granted the applicant's claims but a number of their judgments remained



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