ocedure for the judgments
delivered against the State and its entities
23. In 2001 - 2005 the judgments delivered against the public authorities were executed in accordance with a special procedure established, inter alia, by the Government's Decree No. 143 of 22 February 2001 and, subsequently, by Decree No. 666 of 22 September 2002, entrusting execution to the Ministry of Finance (see further details in Pridatchenko and Others v. Russia, Nos. 2191/03, 3104/03, 16094/03 and 24486/03, §§ 33 - 39, 21 June 2007). By a judgment of 14 July 2005 (No. 8-П), the Constitutional Court considered certain provisions governing the special execution procedure to be incompatible with the Constitution. Following the judgment, the Law of 27 December 2005 (No. 197-ФЗ) introduced a new Chapter in the Budget Code modifying this special procedure. The Law notably empowered the Federal Treasury to execute judgments against legal entities funded by the federal budget and the Ministry of Finance to execute judgments against the State. Under Article 242.2.6 of the Budget Code, the judgments must be executed within three months after receipt of the necessary documents.
24. Further special procedures governing payment of social benefits to persons who suffered from radioactive emissions in the Chernobyl disaster were set by Law No. 1244-1 of 15 May 1991 with subsequent amendments and by the Government's decrees No. 607 of 21 August 2001, No. 73 of 14 February 2005 and No. 872 of 30 December 2006. In 2002 - 2004 compensation for health damage was ensured by the Ministry of Labour within the limits of the budgetary allocations provided for the relevant fiscal year. In 2005 - 2006 such compensation was ensured by territorial departments of the Federal Labour and Employment Agency and in 2007 - 2008 by the Agency itself on the basis of registers submitted by social welfare bodies and within the limits of the budgetary allocations provided to that effect.
3. Report of the Commissioner
for Human Rights of the Russian Federation
25. The 2007 Activities Report of the Commissioner for Human Rights of the Russian Federation pointed out that the perception of domestic judgments as what one might call "non-compulsory recommendations" was still a widespread phenomenon not only in society but also in State bodies. It noted that the non-enforcement problem had also arisen in respect of judgments of the Constitutional Court. According to the report, the problem had been discussed between December 2006 and March 2007 at special meetings in all federal circuits involving regional authorities and representatives of the President's Administration. An idea thus emerged of setting up a national filter mechanism that would allow for examination of Convention complaints at the domestic level. The Commissioner concluded that joint efforts should be deployed with a view to eliminating the roots of the problem rather than simply reducing the number of complaints.
B. Domestic remedies in respect of the non-execution
or delayed execution of domestic judgments
1. Legal provisions
(a) Civil law
26. Chapter 25 of the Code of Civil Procedure provides a procedure for challenging State authorities' acts or inaction in courts. If a court finds that the complaint is well-founded, it orders the State authority concerned to remedy the breach or unlawfulness found (Article 258).
27. Article 208 of the Code of Civil Procedure provides for "indexation" of judicial awards: the court which made the award may upgrade it upon a party's request in line with the increase in the official retail price index until the date of effective payment. Default interest and other compensation for pecuniary damage may in addition be recovered from the debtor for non-compliance with a monetary obligation a
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