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





since 29 April 2004, provides for a new system of indexation of allowances, which is based on the inflation rate used for calculation of the federal budget for the next financial year.
c) Publication and dissemination of the judgment
The European Court's judgment in [the] Burdov case has been published in Rossijskaia Gazeta (on 4 July 2002), the main official periodical publishing all laws and regulations of the Russian Federation and widely disseminated to all authorities. The judgment has also been published in a number of Russian legal journals and internet data bases, and is thus easily available to the authorities and the public.
d) Conclusion
In view of the foregoing, the Russian Government considers that the measures adopted following the present judgment will prevent new similar violations of the Convention in respect of the category of persons in the applicant's position and that the Russian Federation has thus fulfilled its obligations under Article 46, paragraph 1, of the Convention in the present case.
The government also believes that the measures adopted constitute, moreover, a noticeable step towards resolving the more general problem of non-enforcement of domestic court decisions in various areas, as highlighted in particular by other cases brought before the European Court against the Russian Federation. The government continues to take measures to remedy this problem, not least in the context of the execution, under the Committee's supervision, of other judgments of the European Court."
11. The Committee was satisfied that on 16 July 2002, within the time-limit set, the Government had paid the applicant the sum of just satisfaction provided for in the judgment of 7 May 2002. It further noted, in particular, the measures taken in respect of the category of persons in the applicant's position. Having regard to all the measures adopted, the Committee concluded that it had exercised its functions under Article 46 § 2 of the Convention in this case. The Committee recalled at the same time that the more general problem of non-execution of domestic court decisions in the Russian Federation was being addressed by the authorities, under the Committee's supervision, in the context of other pending cases.

B. Enforcement of new domestic judgments
in the applicant's favour

1. Shakhty Town Court's judgment of 17 April 2003

12. On 17 April 2003 the Shakhty Town Court ordered the Directorate of Labour and Social Development (Управление труда и социального развития) of Shakhty to pay the applicant 15,984.80 Russian Roubles (RUB) as compensation for delays in payment of benefits in accordance with Article 208 of the Code of Civil Procedure. On 9 July 2003 the judgment was upheld by the Rostov Regional Court and became final.
13. During 2003 - 2005 the applicant consecutively submitted the writ of execution to the defendant authority, to bailiffs, to the Federal Treasury and then again to the defendant authority. On 19 August 2005 the authorities transferred the amount of the court's award to the applicant's account.

2. Shakhty Town Court's judgment of 4 December 2003

14. On 4 December 2003 the Shakhty Town Court ordered the Directorate of Labour and Social Development to pay the applicant RUB 68,463.54 as default interest for delays in payments between 1999 and 2001, in accordance with the Compulsory Social Insurance Act 1998 (No. 125-ФЗ). The judgment was not appealed against and became final on 15 December 2003.
15. According to the applicant, he submitted the writ for execution to the respondent Department on the same date. On an unspecified date the writ was submitted to the Shakhty Bailiffs' Department; the latter decided on 30 June 2004 that the judgment was impossible to enf



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