unenforced for various periods of time.
A. The Court's judgment of 7 May 2002
in Burdov v. Russia and further developments
1. The Court's findings
9. On 20 March 2000 the applicant first complained before the Court about non-enforcement of domestic judicial decisions (application No. 59498/00). In its judgment of 7 May 2002, the Court found that the Shakhty City Court's decisions of 3 March 1997, 21 May 1999 and 9 March 2000 had remained unenforced wholly or in part at least until 5 March 2001, when the Ministry of Finance took the decision to pay in full the debt owed to the applicant. The Court accordingly held that there had been violations of Article 6 of the Convention and of Article 1 of Protocol No. 1 on account of the authorities' failure for years to take the necessary measures to comply with these decisions (Burdov v. Russia, No. 59498/00, §§ 37 - 38, ECHR 2002-III).
2. Resolution ResDH(2004)85 of the Committee
of Ministers concerning the Court's judgment of 7 May 2002
10. Under the terms of Article 46 § 2 of the Convention, the Court's judgment of 7 May 2002 in Burdov v. Russia was transmitted to the Committee of Ministers for the supervision of its execution. The Committee invited the Government to inform it of the measures which had been taken in consequence of the Court's judgment of 7 May 2002, having regard to the Russian Federation's obligation under Article 46 § 1 to abide by it. On 22 December 2004 the Committee adopted Resolution ResDH(2004)85 in this case. The measures taken by the Russian authorities were summarised by the Government in the appendix to this Resolution:
"(...) With regard to individual measures, the amounts due under the domestic judicial decisions were paid to the applicant on 5 March 2001. (...) Subsequently, a fresh indexation of the monthly allowance was ordered by the Shakhty City Court on 11 July 2003 (final on 1 October 2003). The social authorities continue to comply with the domestic judicial decisions by regularly paying the sums awarded.
In addition, the following general measures were adopted by the Russian authorities to comply with the European Court's judgment.
a) Resolving similar cases
At the outset, the government paid the arrears accumulated as a result of the non-execution, as in the present case, of domestic judgments ordering the payment of compensation and allowances for the Chernobyl victims in the applicant position (a total of 2,846 million roubles were paid between January and October 2002).
5128 other domestic judgments concerning the indexation of the allowances for the victims of Chernobyl were executed by the authorities.
The government has also improved its budgetary process to ensure that the necessary budgetary means are allocated to social security bodies (2,152,071,000 roubles were allocated for 2003, 2,538,280,500 roubles for 2004, and 2,622,335,000 for 2005) to allow them continuously to meet their financial obligations arising inter alia from similar judgments. (...)
b) New indexation system introduced through legislation
As regards the obligation of continuous indexation of the amounts awarded by domestic courts, the legislation in force at the relevant time provided for the cost of living as index for calculation of allowances. By decision of 19 June 2002, the Constitutional Court declared the relevant legislative provisions unconstitutional, insofar as this system was found to lack clarity and predictability; in this decision, the Constitutional Court referred, inter alia, to the conclusions of the European Court in the Burdov judgment. Consequently, on 2 April 2004, the Russian Parliament amended the legislation governing the social insurance of Chernobyl victims. The new law, which has been in force
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