Постановление Европейского суда по правам человека от 13.01.2009 «Дело Нина Казмина и другие (Nina Kazmina and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF NINA KAZMINA AND OTHERS v. RUSSIA
(Applications Nos. 746/05, 13570/06, 13574/06,
13576/06 and 13579/06)

JUDGMENT <*>

(Strasbourg, 13.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 Nina Kazmina and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} <*> Wampach, Deputy Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 16 December 2008,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in five applications (Nos. 746/05, 13570/06, 13574/06, 13576/06 and 13579/06) 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 six Russian nationals ("the applicants"). The applicants' names and the dates of their applications to the Court appear in the appended table.
2. The applicants in cases Nos. 13570/06, 13574/06, 13576/06 and 13579/06 were represented by Mr I. Sivoldayev, a lawyer practising in Voronezh. The applicant in case No. 746/05 was not represented by a lawyer. The Russian Government ("the Government") were represented by Ms V. Milinchuk, the former Representative of the Russian Federation at the European Court of Human Rights.
3. On various dates the President of the First Section decided to give notice of the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).
4. The Government objected to the joint examination of the admissibility and merits of the application No. 13579/06, but the Court rejected this objection.

THE FACTS

I. The circumstances of the case

5. The applicants live in Voronezh, the Voronezh Region. Their names and dates of birth are indicated in the appended table.

A. Judgments in the applicants' favour

6. The applicants are pensioners. They sued the local social welfare authorities for underpaid cost-of-living adjustment of their pensions. On the dates set out in Appendix I the domestic courts granted their claims and ordered the welfare authorities of different districts of Voronezh to pay them the respective amounts. The judgments became final on the dates indicated in Appendix I.

B. Enforcement proceedings

7. In 2001 all the applicants except for Mrs Gurova submitted the writs of execution to the bailiffs. On various dates of the same year the bailiffs discontinued the enforcement proceedings and returned the writs to the respective courts, referring to the debtor's lack of funds. In 2004 these applicants resubmitted the enforcement documents for execution. The bailiffs returned the writs unenforced, with reference to the lack of funds.

1. Particular details of the application by Mrs Sadchikova
(case No. 13570/06)

8. On 16 June 2006 the Levoberezhnyy District Court of Voronezh rejected Mrs Sadchikova'



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