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

force three domestic judgments ordering monetary payments by the authorities to the applicant;
3. Holds that there has been no violation of Article 6 of the Convention and of Article 1 of Protocol No. 1 on account of the enforcement of the judgments of 22 May 2007 and 21 August 2007;
4. Holds that there has been a violation of Article 13 of the Convention on account of the lack of effective domestic remedies in respect of non-enforcement or delayed enforcement of judgments in the applicant's favour;
5. Holds that the above violations originated in a practice incompatible with the Convention which consists in the State's recurrent failure to honour judgment debts and in respect of which aggrieved parties have no effective domestic remedy;
6. Holds that the respondent State must set up, within six months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, an effective domestic remedy or combination of such remedies which secures adequate and sufficient redress for non-enforcement or delayed enforcement of domestic judgments in line with the Convention principles as established in the Court's case-law;
7. Holds that the respondent State must grant such redress, within one year from the date on which the judgment becomes final, to all victims of non-payment or unreasonably delayed payment by State authorities of a judgment debt in their favour who lodged their applications with the Court before the delivery of the present judgment and whose applications were communicated to the Government under Rule 54 § 2(b) of the Rules of the Court;
8. Holds that pending the adoption of the above measures, the Court will adjourn, for one year from the date on which the judgment becomes final, the proceedings in all cases concerning solely the non-enforcement and/or delayed enforcement of domestic judgments ordering monetary payments by the State authorities, without prejudice to the Court's power at any moment to declare inadmissible any such case or to strike it out of its list following a friendly settlement between the parties or the resolution of the matter by other means in accordance with Articles 37 or 39 of the Convention;
9. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final, EUR 6,000 (six thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into Russian Roubles at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
10. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 15 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Andre} WAMPACH
Deputy Registrar






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