Viktor Mikhaylovich USKOV & Ors v Russia - 6394/05 [2009] ECHR 1990 (12 November 2009)

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    Cite as: [2009] ECHR 1990

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    FIRST SECTION

    DECISION

    Application no. 6394/05
    by Viktor Mikhaylovich USKOV
    and 17 other applications
    (nos. 7144/05, 9464/05, 10542/05, 30006/06, 39119/06, 50742/06, 2229/07, 5951/07, 31624/07, 31698/07, 51340/07, 51342/07, 9463/08, 13132/08, 16251/08, 16849/08 and 39590/08)
    against Russia


    The European Court of Human Rights (First Section), sitting on 12 November 2009 as a Chamber composed of:

    Christos Rozakis, President,
    Nina Vajić,
    Anatoly Kovler,
    Khanlar Hajiyev,
    Dean Spielmann,
    Giorgio Malinverni,
    George Nicolaou, judges,
    and Søren Nielsen, Section Registrar,

    Having regard to the above applications,

    Having regard to the decision to apply the pilot-judgment procedure taken in the case of Burdov (no. 2) v. Russia (no. 33509/04, ECHR 2009 ...),

    Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases and the applicants’ replies to those declarations,

    Having deliberated, decides as follows:

    THE FACTS

    The applicants are 100 Russian nationals whose names and dates of birth are tabulated below. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.

    The facts of the case, as submitted by the parties, may be summarised as follows.

    Under domestic law the applicants were entitled to social benefits. Because the State failed to pay these benefits in full or in time, the applicants sought relief in the courts. The courts held for the applicants and ordered the authorities to pay arrears and to upgrade periodic payments. These judgments became binding but the authorities delayed their enforcement.

    COMPLAINT

    The applicants complained about the delayed enforcement of the judgments and assorted faults that allegedly accompanied the proceedings.

    THE LAW

    In July 2009 the Government submitted to the Court unilateral declarations aimed at resolving the issue raised by the applications. The Government requested the Court to strike out the applications in accordance with Article 37 of the Convention. The declarations read as follows:

    [T]he Russian authorities acknowledge the excessive duration of the enforcement of [the applicants’ judgments].

    The authorities are ready to pay [the applicants] ex gratia [the sums tabulated below].

    The authorities therefore invite the Court to strike [the applications] out of the list of cases. They suggest that the present declaration might be accepted by the Court as “any other reason” justifying the striking out of the case of the Court’s list of cases, as referred to in Article 37 § 1 (c) of the Convention.

    The [sums tabulated below], which [are] to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. [They] will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay [these sums] within the said three-month period, the Government undertake to pay simple interest on [them] from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

    This payment will constitute the final resolution of the case.”

    Some applicants objected to these declarations in principle and requested the Court to continue the adversarial proceedings. Some applicants agreed with the sums offered but insisted that their applications may be struck out only after the payment. They also noted that the Government had not acknowledged a breach of the Convention. Some applicants disagreed with the sums offered, but accepted the declarations for want of better options. Some applicants asked the Court to stop the proceedings having lost belief in their favourable outcome. Some applicants accepted the declarations entirely.

    The Court reiterates that under Article 37 of the Convention it may at any stage of the proceedings strike an application out of its list of cases where the circumstances lead to the conclusions specified under (a), (b), or (c) of that Article.

    Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:

    for any other reason established by the Court, it is no longer justified to continue the examination of the application.”

    Article 37 § 1 in fine states:

    However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires.”

    The Court recalls that in its pilot judgment (Burdov v. Russia (no. 2), cited above) it recently ordered the Russian Federation to

    grant [adequate and sufficient] redress, within one year from the date on which the judgment [became] final, to all victims of non-payment or unreasonably delayed payment by State authorities of a judgment debt in their favour who [had] lodged their applications with the Court before the delivery of the present judgment and whose applications [had been] communicated to the Government under Rule 54 § 2 (b) of the Rules of the Court.”

    In the same judgment the Court also held that

    pending the adoption of the above measures, the Court [would] adjourn, for one year from the date on which the judgment [became] 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.”

    Having examined the terms of the Government’s declarations, the Court understands them as intending to give the applicants redress in line with the pilot judgment (see Burdov (no. 2), cited above, §§ 127 and 145 and point 7 of the operative part).

    Having regard to the acknowledgement contained in the declarations together with the amounts of compensation proposed, the Court considers that it is no longer justified to continue the examination of the applications. Moreover, the Court is satisfied that respect for human rights as defined in the Convention and the protocols thereto does not require it to continue the examination of the applications.

    Accordingly, the applications should be struck out of the list.

    As regards the question of implementation of the Government’s undertakings raised by certain applicants, the Committee of Ministers remains competent to supervise this matter in accordance with Article 46 of the Convention (see the Committee’s decisions of 14-15 September 2009 concerning the implementation of the Burdov (no. 2) judgment, CM/Del/Dec(2009)1065). In any event the Court’s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present applications to the list of cases (see E.G. v. Poland (dec.), no. 50425/99, § 29, ECHR 2008 ... (extracts)).

    For these reasons, the Court unanimously

    Takes note of the terms of the respondent Government’s declarations;

    Decides to strike the applications out of its list of cases.

    Søren Nielsen Christos Rozakis
    Registrar President

    ANNEX



    Application no.

    Applicant

    Born

    Sum

    6394/05

    Uskov Viktor Mikhaylovich

    1939

    2 050 €

    7144/05

    Paramonov Viktor Vasilyevich

    1941

    3 350 €

    9464/05

    Shniolis Stanislavas Alfonso

    1942

    2 050 €

    10542/06

    Kirillov Yevgeniy Sergeyevich

    1958

    2 050 €

    30006/06

    Gorokhov Dmitriy Ivanovich

    1952

    2 050 €


    Rusyayev Rostislav Vladimirovich

    1961

    2 050 €

    39119/06

    Stankevich Yuriy Aleksandrovich

    1955

    1 400 €

    50742/06

    Sergeyenko Georgiy Andreyevich

    1937

    2 050 €

    2229/07

    Ignatyev Yuriy Ivanovich

    1951

    2 700 €

    5951/07

    Khaliullin Rakip Gabdulkhayevich

    1949

    2 700 €

    31624/07

    Nasilnikov Ivan Ivanovich

    1950

    2 700 €

    31698/07

    Neznanov Anatoliy Aleksandrovich

    1957

    2 050 €

    51340/07

    Minasyan Samvel Sarkisovich

    1951

    2 050 €


    Pavlov Nikolay Georgiyevich

    1946

    2 050 €


    Sazykin Aleksandr Stepanovich

    1952

    2 050 €


    Denisenko Ivan Pavlovich

    1947

    2 050 €


    Pavlov Aleksandr Aleksandrovich

    1955

    2 050 €


    Dydar Valeriy Vladimirovich

    1967

    2 050 €


    Kruglov Vladimir Mikhaylovich

    1945

    2 050 €


    Snezhko Valentin Dmitriyevich

    1943

    2 050 €


    Mayorov Nikolay Ivanovich

    1943

    2 050 €


    Tretyakov Igor Aleksandrovich

    1954

    2 050 €


    Makagonov Grigoriy Nikolayevich

    1949

    2 050 €


    Reznikov Viktor Stepanovich

    1955

    2 050 €


    Merzlikin Yuriy Petrovich

    1947

    2 050 €


    Vanzha Grigoriy Nikolayevich

    1953

    2 050 €


    Terekhov Anatoliy Nikolayevich

    1949

    2 050 €


    Kuznetsov Pyotr Ivanovich

    1951

    2 050 €


    Martynov Vladimir Iliych

    1954

    2 050 €


    Nechayev Vasiliy Markovich

    1950

    2 050 €


    Borzov Vladimir Mikhaylovich

    1951

    2 050 €


    Nazarenko Grigoriy Romanovich

    1947

    2 050 €


    Yakovenko Nikolay Fyodorovich

    1947

    2 050 €


    Drozdov Viktor Alekseyevich

    1947

    2 050 €


    Seletskiy Vladimir Nikolayevich

    1950

    2 050 €


    Koda Anatoliy Vasilyevich

    1954

    2 050 €


    Achagov Aleksandr Anatolyevich

    1959

    2 050 €


    Borovikov Vasiliy Vasiliyevich

    1947

    2 050 €


    Kozub Vladimir Andreyevich

    1945

    2 050 €


    Ilyenko Vladimir Nikolayevich

    1943

    2 050 €


    Khodakovskiy Grigoriy Iosifovich

    1950

    2 050 €


    Frolov Gennadiy Alekseyevich

    1945

    2 050 €

    51342/07

    Belov Vladimir Vladimirovich

    1946

    1 400 €


    Berezhnoy Yuriy Mikaylovich

    1951

    1 400 €


    Beloverbenko Anatoliy Valentinovich

    1954

    1 400 €


    Burtan Yuriy Anatolyevich

    1961

    1 400 €


    Bykovskiy Pyotr Pavlovich

    1944

    1 400 €


    Varlamov Fyodor Alekseyevich

    1965

    1 400 €


    Vikhtevskiy Anatoliy Nikolayevich

    1952

    1 400 €


    Volchenko Vladimir Petrovich

    1951

    1 400 €


    Gavrilov Yevgeniy Vladimirovich

    1951

    1 400 €


    Gonchar Nikolay Petrovich

    1950

    1 400 €


    Gres Dmitriy Alekseyevich

    1952

    1 400 €


    Davydenko Yuriy Sergeyevich

    1966

    1 400 €


    Denisenko Aleksey Grigoryevich

    1952

    1 400 €


    Dobrovolskiy Vladimir Alekseyevich

    1955

    1 400 €


    Yevdokimenko Nikolay Mikaylovich

    1946

    1 400 €


    Ivanitskiy Vasiliy Romanovich

    1954

    1 400 €


    Ignatenko Anatoliy Nikolayevich

    1953

    1 400 €


    Ishekov Anatoliy Alekseyevich

    1948

    1 400 €


    Kazakov Leonid Yegorovich

    1945

    1 400 €


    Kovyazov Andrey Georgiyevich

    1965

    1 400 €


    Kozhurin Yevgeniy Vladimirovich

    1958

    1 400 €


    Kornienko Leonid Grigoryevich

    1956

    1 400 €


    Koroshchenko Aleksandr Vladimirovich

    1960

    1 400 €


    Koshel Dmitriy Ivanovich

    1949

    1 400 €


    Kushnarenko Pavel Vasilyevich

    1952

    1 400 €


    Lavrov Aleksandr Valentinovich

    1953

    1 400 €


    Lebed Georgiy Kupriyanovich

    1952

    1 400 €


    Litvinenko Pyotr Nikolayevich

    1947

    1 400 €


    Luyenko Nikolay Ivanovich

    1949

    1 400 €


    Makarenko Nikolay Grigoryevich

    1951

    1 400 €


    Marukhno Nikolay Aleksandrovich

    1957

    1 400 €


    Migel Yuriy Vasilyevich

    1966

    1 400 €


    Mosin Aleksandr Vasilyevich

    1965

    1 400 €


    Nehrist Vladimir Grigoryevich

    1947

    1 400 €


    Novakov Viktor Georgiyevich

    1956

    1 400 €


    Pozhidayev Vladimir Nikolayevich

    1950

    1 400 €


    Orda Aleksandr Ivanovich

    1952

    1 400 €


    Reznik Vasiliy Stepanovich

    1952

    1 400 €


    Semko Aleksandr Grigoryevich

    1964

    1 400 €


    Singayevskiy Ivan Stanislavovich

    1951

    1 400 €


    Sirota Aleksandr Alekseyevich

    1951

    1 400 €


    Sokolov Vitaliy Leonidovich

    1955

    1 400 €


    Stratiy Viktor Mikhaylovich

    1953

    1 400 €


    Stupak Nikolay Ivanovich

    1950

    1 400 €


    Sukmanov Vladimir Ivanovich

    1952

    1 400 €


    Tkachenko Nikolay Ivanovich

    1943

    1 400 €


    Troyanov Georgiy Vasilyevich

    1950

    1 400 €


    Fomenko Vladimir Sergeyevich

    1951

    1 400 €


    Cherednichenko Ivan Ivanovich

    1954

    1 400 €


    Chernomordov Valeriy Ivanovich

    1950

    1 400 €


    Shabelnikov Aleksandr Ivanovich

    1951

    1 400 €


    Shayturov Mikhail Pavlovich

    1955

    1 400 €


    Shapovalov Vladimir Yakovlevich

    1952

    1 400 €


    Shulga Aleksandr Petrovich

    1965

    1 400 €

    9463/08

    Gribanenkov Sergey Vasilyevich

    1949

    2 050 €

    13132/08

    Alekseyeva Valentina Nikolayevna

    1948

    2 050 €

    16251/08

    Boytsov Vladimir Vitaliyevich

    1954

    2 050 €

    16849/08

    Zhilinskiy Anatoliy Mikhaylovich

    1929

    1 400 €

    39590/08

    Bogach Igor Ivanovich

    1959

    4 000 €



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URL: http://www.bailii.org/eu/cases/ECHR/2009/1990.html