Постановление Европейского суда по правам человека от 15.01.2009 «Дело Журавлев (Zhuravlev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ZHURAVLEV v. RUSSIA
(Application No. 5249/06)

JUDGMENT <*>

(Strasbourg, 15.I.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Zhuravlev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 11 December 2008,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 5249/06) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Vladimir Nikolayevich Zhuravlev ("the applicant"), on 13 December 2005.
2. The applicant was represented by Mr K. Koroteyev, a research associate from Paris. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 2 May 2007 the President of the First Section decided to communicate the complaint concerning non-enforcement of a judgment to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. The circumstances of the case

4. The applicant was born in 1946 and lives in Ilovaysk, a town in the Donetsk Region of the Ukraine.
5. In 1985 the applicant was convicted of abuse of authority and forgery. In July 1988 and March 1998 supervisory-review authorities found that the applicant had had no case to answer, and the Ministry of Finance was obliged to pay compensation.
6. The applicant sued the Ministry of Finance over delayed payment of compensation. On 4 December 2002 the Vilyuysk Ulus Cort of Yakutia awarded the applicant 55,533 Russian roubles (RUB) in interest. This judgment became binding on 14 December 2002 and was enforced on 15 December 2005.
7. On 12 May 2006 the Ulus Court adjusted the award for the cost of living and awarded the applicant RUB 22,424. The applicant received this sum on 2 April 2007.

II. Relevant domestic law

8. Under section 242.2.6 of the Budget Code of 31 July 1998, the Ministry of Finance must enforce a judgment within three months.

THE LAW

I. Alleged violation of Article 6 § 1 of the Convention
and of Article 1 of Protocol No. 1

9. The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the delayed enforcement of the judgment of 4 December 2002. Insofar as relevant, these Articles read as follows:
Article 6 § 1
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and su



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