t these delays impaired the essence of the applicant's right to a court.
(v) Conclusions
86. In view of the foregoing, the Court concludes that by delaying the execution of the Shakhty Town Court's judgments of 17 April 2003, 4 December 2003 and 24 March 2006 the authorities failed to respect the applicant's right to a court. There is accordingly a violation of Article 6 of the Convention.
87. Given that the binding and enforceable judgments created an established right to payment in the applicant's favour, which should be considered as a "possession" within the meaning of Article 1 of Protocol No. 1 (see Vasilopoulou v. Greece, No. 47541/99, § 22, 21 March 2002), the authorities' prolonged failure to comply with these judgments also violated the applicant's right to peaceful enjoyment of his possessions (see Burdov, cited above, § 41). There is accordingly also a violation of Article 1 of Protocol No. 1.
88. In view of its findings in paragraphs 84 - 85 above, the Court concludes that there is no violation of Article 6 and of Article 1 of Protocol No. 1 in respect of the enforcement of the judgments of 22 May 2007 and 21 August 2007.
II. Existence of effective domestic remedies
as required by Article 13 of the Convention
89. The applicant did not allege the lack of effective domestic remedies in respect of his complaint about prolonged non-enforcement by the authorities of domestic judgments in his favour. The Court observed nonetheless that alleged ineffectiveness of domestic remedies was being increasingly complained of before the Court in cases concerning non-enforcement or delayed enforcement of domestic judgments. It therefore decided of its own motion to examine this question under Article 13 in the present case and requested the parties to submit observations. Article 13 provides as follows:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
A. The parties' submissions
90. The applicant did not submit any specific argument on the existence of domestic remedies and their effectiveness. In his earlier observations, he mentioned that he had unsuccessfully submitted his grievances to various authorities, including the Ministry of Finance, Federal Treasury, Prosecutor's Office and Bailiffs.
91. The Government argued that there were several effective domestic remedies against non-enforcement that had not been tested by the applicant in the present case. Firstly, the Constitution guarantees to everyone judicial protection and the right to challenge State authorities' acts or inaction in courts. Law No. 4866-1 of 27 April 1993 and Chapter 25 of the Code of Civil Procedure allow such actions or inaction to be condemned by courts, thus opening a way for claiming damages and bringing criminal proceedings under Article 315 of the Criminal Code against those responsible for enforcement delays. An example of case-law was provided: by a decision of 13 July 2007 the Leninskiy District Court of Cheboksary, Republic of Chuvashiya, found inaction by the regional treasury department to be unlawful and ordered payment of the judicial award within one working day.
92. Secondly, the Government submitted that Chapter 59 of the Civil Code provided grounds for claiming both pecuniary and non-pecuniary damage for enforcement delays and that this remedy had proven its effectiveness in practice. Four examples of case-law awarding compensation for non-pecuniary damage were provided or quoted (decision of 23 October 2006 in the case of Khakimovy by the Novo-Savinovskiy District Court of Kazan, Republic of Tatarstan; decisions delivered on unspecified dates in
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