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Судебное дело "Горская против России "


Ответ на одностороннее заявление российских властей по делу Горская против России

 

02.08.2010

 

   EUROPEAN COURT

   OF HUMAN RIGHTS

   Application No. 19651/07

   Gorskaya v. Russia

   14 July 2010

   Dear Sir,

   With  regard  to  your  letter  dated  14  June  2010 on behalf of Mrs
   Gorskaya I would like to inform you the following.

   Having  analyzed  the  Declaration of the Russian authorities dated 26
   May 2010, the applicant finds it impossible to accept this Declaration
   for the following grounds.

   1.  On  24  June  1999  the  Ordzhonikidzevskyi  district court of Ufa
   delivered  the  judgment in the applicant's favour and awarded her RUB
   34 427 (salary) and RUB 300 (non-pecuniary damage).

   As  for  2  years the judgment wasn't enforced Mrs Gorskaya applied to
   the court to redress the damage.

   On  2  December  2003  the  Peace  Justice of the Court Circuit of the
   Kirovskyi  District  of  Ufa delivered the default judgment to redress
   the damage of RUB 35 975 and compensate RUB 3 000 as the non-pecuniary
   damage.

   On 29 March 2004 the court of appeal upheld the judgment of 2 December
   2003.

   The  applicant  immediately  submitted the order of enforcement to the
   Ministry of Finance

   On  23  April 2004 the order was returned due to the wrong spelling of
   the applicant's name.

   On 28 April 2004 the order of enforcement was sent by the applicant to
   the Ministry of Finance.

   On  8  September  2004 the default judgment of 2 December 2003 and the
   decision of the court of appeal of 29 March 2004 were abolished by the
   Supreme Court, the case was returned for a new consideration.

   On  6  October  2004  the  Ministry  of  Finance returned the order of
   enforcement  which was not being enforced for 5 months in violation of
   Section  9  of  the  Federal Law on Enforcement Proceedings of 21 July
   1997 (a judgment must be enforced within two months).

   On  21  October  2004  the Peace Justice delivered the judgment in the
   applicant's favour.

   On 16 June 2005 the judgment of 21 October 2004 was upheld.

   On 5 July 2005 the court issued the order of enforcement.

   On  14  July  2005  the  applicant  sent  the order to the Ministry of
   Finance.

   On 27 July 2005 the Ministry received the order and registered it.

   Only  after  submission of the complaint of 11 May 2006 to the General
   Prosecutor's  Office,  on 7 June 2006 the applicant received the reply
   from the Ministry of Finance which returned the order of enforcement.

   On  7  August  2006  the  Ordzhonikidzevskyi  district  court  of  Ufa
   delivered  the  judgment  and  found  the  inaction of the Ministry of
   Finance  illegal  but found that the return of the order was legal due
   to the court's mistake.

   On 3 October 2006 the judgment of 7 August 2006 was upheld.

   On  13  November  2006  the  applicant  submitted  the  application on
   correcting  the  mistake  in  the  order  of  enforcement to the Peace
   Justice.

   On 15 November 2006 the order of enforcement was changed.

   On  11  July  2007  the  Peace  Justice  delivered the judgment in the
   applicant's  favour  and  obliged  the  Ministry of Finance to pay Mrs
   Gorskaya RUB 6 808, 78.

   The  Russian  authorities  transferred the main debt (RUB 40821,98) to
   the  applicant's  account  only  on  7  May 2007, that is in fact in 8
   years. So the awarded money received in 1999 (after the first judgment
   in  the  applicant's  favour)  would  have  more  value than the money
   obtained in 2007.

   Such  long  delay  in  enforcement  was  due  to the state authorities
   (courts, Ministry of Finance) and not the applicant.

   It  cannot  but  cause  the  applicant  the  non-pecuniary damage. Mrs
   Gorskaya  claimed  EUR  4  000.  The  Russian authorities offer to pay
   __________.  The  applicant  considers  this  sum  inadequate  to  her
   suffering.

   2.  In  the  judgment  Burdov v. Russia (No. 2) the Court recalls that
   Article  46  of the Convention, as interpreted in the light of Article
   1,  imposes  on  the respondent State a legal obligation to implement,
   under  the  supervision  of  the  Committee  of Ministers, appropriate
   general  and/or  individual  measures  to  secure  the  right  of  the
   applicant  which  the  Court  found to be violated. Such measures must
   also be taken in respect of other persons in the applicant's position,
   notably  by solving the problems that have led to the Court's findings
   (see Scozzari and Giunta v. Italy [GC], nos. 39221/98 and 41963/98, S:
   249, ECHR 2000 VIII; Christine Goodwin v. the United Kingdom [GC], no.
   28957/95,  S:  120,  ECHR  2002 VI; Lukenda v. Slovenia, no. 23032/02,
   S: 94, ECHR 2005-X; and S. and Marper v. the United Kingdom [GC], nos.
   30562/04 and 30566/04, S: 134, ECHR 2008 ...).

   In  the  judgment  of the court of appeal dated 24 June 2008 the court
   found  that  the  applicant did not receive the full sum of indexation
   and  obliged the Ministry of Finance to pay the indexation (RUR 5 964,
   28),  costs  and expenses (RUR 360), non-pecuniary damage (RUR 50000).
   For the moment Mrs Gorskay has not received RUR 7476,09 with regard to
   indexation (see Attachment).

   This  judgment  has  not  been  still  received.  It confirms that the
   violation of the applicant's rights has continued.

   3.  The Russian Federation invites the Court to accept its Declaration
   as  "any  other reason" justifying the striking out of the case of Mrs
   Gorskaya.  But  in  the applicant's opinion the partial payment of the
   debt  in  2007-2008  after  the applicant submitted a complaint to the
   European  Court  of  Human  Rights  cannot  be considered as any other
   reason" justifying the striking out of the case.

   Therefore,  we  request  the  Court not to strike the case Gorskaya v.
   Russia out of the list of cases.

   Legal representative

   before the European Court of Human Rights

   Ludmila Churkina___________________


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