British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
European Court of Human Rights
You are here:
BAILII >>
Databases >>
European Court of Human Rights >>
TKHYEGEPSO AND OTHERS v. RUSSIA - 44387/04 [2011] ECHR 1804 (25 October 2011)
URL: http://www.bailii.org/eu/cases/ECHR/2011/1804.html
Cite as:
[2011] ECHR 1804
[
New search]
[
Contents list]
[
Printable RTF version]
[
Help]
FIRST
SECTION
CASE OF TKHYEGEPSO AND OTHERS v. RUSSIA
(Applications
nos. 44387/04, 2513/05, 24753/05, 34770/07, 37169/07,
54527/07, 21648/08, 42081/08, 56022/08, 59873/08, 671/09
and 4555/09)
JUDGMENT
STRASBOURG
25 October
2011
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 Tkhyegepso and
Others v. Russia,
The
European Court of Human Rights (First Section), sitting as a Chamber
composed of:
Nina Vajić,
President,
Anatoly Kovler,
Peer Lorenzen,
Mirjana
Lazarova Trajkovska,
Julia Laffranque,
Linos-Alexandre
Sicilianos,
Erik Møse, judges,
and Søren
Nielsen, Section
Registrar,
Having
deliberated in private on 4 October 2011,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
The
case originated in twelve applications (nos. 44387/04,
2513/05, 24753/05, 34770/07, 37169/07, 54527/07, 21648/08, 42081/08,
56022/08, 59873/08, 671/09, 4555/09) 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 fifteen
Russian nationals (“the applicants”),
on various dates listed in the appendix to this judgment.
2. Mr
S.A. Abdulvagapov, Mr A.V. Gominykh, Mr S.S. Abdulov,
Mr V.M. Prokhozhev and Mr A.R. Shirobokov were represented
before the Court, respectively, by Mr A.Y. Gautayev, Ms Y.V.
Akhmineyeva, Ms L. Zhukova, Ms O.A. Sadovskaya and Mr A.V.
Rossikhin, lawyers practising in different regions of Russia.
3. The
Russian Government (“the Government”) were represented by
Mr G. Matyushkin, the Representative of the Russian Federation at the
European Court of Human Rights.
On
various dates the President of the
First Section decided to give notice of the applications to
the Government. It was also decided to rule on the
admissibility and merits of the applications at the same time
(Article 29 § 1).
5. In
accordance with the pilot judgment Burdov v. Russia (no. 2)
(no. 33509/04, ECHR 2009 ...), the applications were
adjourned pending their resolution at the domestic level.
The
Government later informed the Court that enforcement of the domestic
judgments in the applicants’ favour was impossible due to
certain domestic execution formalities and requested the Court to
consider the applications on the merits. The Court therefore decided
to resume examination of the present cases.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASES
The
applicants were born on the dates listed in the
appendix to this judgment and live in various regions of
Russia.
On
the dates listed in the appendix the domestic courts found in the
applicants’ favour against various State bodies. Mr Tkhyegepso
and Ms Afaunova were awarded compensation for non-pecuniary
damage caused by unlawful actions of a State body. Ms I. Kalitkina
and Ms Y. Kalitkina were awarded, respectively, a
survivor’s pension and compensation for the loss of
breadwinner. Mr Shirobokov was initially awarded a flat, but
subsequently this award was converted into its monetary equivalent
amounting to 950,000 Russian roubles (RUB). The rest of the
applicants, active and retired military officers, obtained monetary
awards against various military units. The amounts awarded by the
domestic courts are listed in the appendix.
The
applicants took various steps to obtain execution of the judgments.
However, the judgments remain unenforced to date.
On
an unspecified date Mr Shirobokov obtained from the Supreme Court of
Russia compensation for non-pecuniary damage resulting from delayed
enforcement of the judgment in his favour in the amount of RUB 68,000
(approximately 1,700 euros (EUR)).
II. RELEVANT DOMESTIC LAW
Federal
Law no. 68-ФЗ “On
Compensation for Violation of the Right to a Trial within a
Reasonable Time or the Right to Enforcement of a Judgment within a
Reasonable Time” of 30 April 2010 (in force from 4 May
2010) provides that in the case of a violation of the right to trial
within a reasonable time or of the right to enforcement of a final
judgment, Russian citizens are entitled to seek compensation for
non-pecuniary damage. Federal Law No. 69-ФЗ,
adopted on the same day, introduced the pertinent changes into
Russian legislation.
The
transitional arrangements (section 6.2 of Federal Law no. 68 ФЗ)
provided that everyone who had a pending application before the
European Court of Human Rights concerning a complaint of the type
described in the law had six months to lodge the complaint with the
domestic courts.
THE LAW
I. JOINDER OF THE APPLICATIONS
Given
that the twelve applications at hand concern similar facts and
complaints and raise identical issues under the Convention, the Court
decides to join them pursuant to Rule 42 of the Rules of Court.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE
CONVENTION AND ARTICLE 1 OF PROTOCOL No. 1
Relying
on Article 6 § 1 of the Convention and Article 1 of Protocol
No. 1, the applicants complained about the non-enforcement of
the judgments in their favour. The relevant provisions read as
follows:
Article 6
“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 subject to the
conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way
impair the right of a State to enforce such laws as it deems
necessary to control the use of property in accordance with the
general interest or to secure the payment of taxes or other
contributions or penalties.”
A. Admissibility
The
Court notes that this complaint is not manifestly ill-founded within
the meaning of Article 35 § 3 (a) of the Convention. It further
notes that it is not inadmissible on any other grounds. It must
therefore be declared admissible.
B. Merits
Responding
to the applicants’ complaints about non-enforcement, the
Government acknowledged that the judgments in their
favour had not been enforced to date. They further submitted that due
to various domestic events and peculiarities of the enforcement
modalities, most often dissolution of the respondent or a mismatch
between the operative part of the judgments and the respondents’
particulars as indicated in the budgetary provisions, it was
impossible to ensure enforcement of the judgments at the present
time. The Government requested that the Court consider the cases on
their merits.
The
Court reiterates that an unreasonably long delay in the enforcement
of a binding judgment may breach the Convention (see Burdov v.
Russia, no. 59498/00, ECHR 2002-III). In each of these cases, the
State has avoided paying the judgment debt pursuant to at least one
domestic judgment in the applicants’ favour for more than three
years, which is prima facie incompatible with the Convention
requirements (see, among others, Kozodoyev and Others v. Russia,
nos. 2701/04 et al., § 11, 15 January 2009). The Government
did not provide any argument to the contrary.
Regard
being had to the Government’s acknowledgments and to its own
well-established practice, the Court considers that there has been a
violation of Article 6 § 1 of the Convention and Article 1 of
Protocol No. 1.
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
Some
applicants complained under Article 13 of the Convention that they
did not have at their disposal an effective domestic remedy in
respect of excessive delays in the enforcement of court judgments in
their favour. The relevant provision reads as follows:
“Everyone whose rights and freedoms as set forth
in [the] Convention are violated shall have an effective remedy
before a national authority notwithstanding that the violation has
been committed by persons acting in an official capacity.”
The
Government did not specify their position in relation to these
complaints.
The
Court takes cognisance of the existence of a new remedy introduced by
the federal laws № 68-ФЗ
and № 69-ФЗ in the
wake of the pilot judgment adopted in the case of Burdov (no. 2),
cited above. These statutes, which entered
into force on 4 May 2010, set up a new remedy which enables
those concerned to seek compensation for the damage sustained as a
result of excessive delays in the enforcement of court judgments
against the State (see paragraphs 11 and 12 above).
On
23 September 2010 the Court decided that all new cases introduced
after the Burdov (no. 2) pilot judgment and falling
within the scope of the new domestic remedy had to be submitted in
the first place to the national courts (see Nagovitsyn and
Nalgiyev v. Russia (dec.), nos. 27451/09 and 60650/09, §
41, 23 September 2010). In so doing, the Court relied in particular
on the transitional provisions of the new law allowing all applicants
before the Court to lodge their complaints to domestic courts during
six months after its entry into force (see paragraph 12 above).
At
the same time, the Court recalls that in the pilot judgment cited
above it decided to follow a different course of action in respect of
the applications lodged before the delivery of the judgment. The
Court considered that it would be unfair if the applicants in such
cases, who had allegedly been suffering for years of continuing
violations of their right to a court and sought relief in this Court,
were compelled yet again to resubmit their grievances to the domestic
authorities, be it on the grounds of a new remedy or otherwise (see
Burdov (no. 2), cited above, § 144). The Court
therefore resumed examination of the present applications on their
merits (see paragraph 6 above) notwithstanding the existence of an
effective domestic remedy which was available to the applicants
pursuant to the transitional provisions of the new law (see paragraph
12 above) and remains available up to date as the domestic judgments
in their favour remain unenforced.
Having
regard to these special circumstances, although admissible, the Court
does not find it necessary to consider separately the applicants’
complaints under Article 13 in the present cases (see,
mutatis mutandis, Kravchenko and Others v. Russia, nos.
11609/05 et al., § 45, 16 September 2010).
IV. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
Some applicants made accessory complaints referring to
assorted Articles of the Convention. However, in the light of all the
material in its possession, and in so far as the matters complained
of are within its competence, the Court finds that they do not
disclose any appearance of a violation of the rights and freedoms set
out in the Convention or its Protocols. It follows that the
applications in this part are manifestly ill founded and must be
rejected in accordance with Article 35 §§ 3 (a) and 4
of the Convention.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
Article 41 of the Convention provides:
“If the Court finds that there has been a
violation of the Convention or the Protocols thereto, and if the
internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford
just satisfaction to the injured party.”
A. Damage
1. Pecuniary damage
The
Court reiterates that the most appropriate form of redress in respect
of the violations found would be to put the applicants as far as
possible in the position they would have been if the Convention
requirements had not been disregarded (see Piersack v. Belgium
(Article 50), 26 October 1984, § 12, Series A no. 85 and,
mutatis mutandis, Gençel v. Turkey, no. 53431/99,
§ 27, 23 October 2003). The Court further reiterates that under
Rule 60 of the Rules of Court any claim for just satisfaction must be
itemised and submitted in writing together with the relevant
supporting documents or vouchers, failing which the Court may reject
the claim in whole or in part.
The
Court notes that Ms I. and Ms Y. Kalitkiny (application no. 24753/05)
and Mr Belov (application no. 37169/07) claimed the respective
judgment debts without making any separate claims on any interest for
delay in enforcement. The Government did not provide any specific
comments on these claims.
The
Court further notes that Mr Tkhyegepso and Ms Afaunova (application
no. 44387/04), Mr Kleptsov (application no. 34770/07),
Mr Maydannik (application no. 21648/08) and Mr Yefimenko
(application no. 59873/08) claimed various amounts as pecuniary
damage over and above the domestic judgment debts. However, these
applicants either failed to provide the details of their calculations
or calculated their claims based on the loss of profit they were
liable to obtain had the judgments in their favour been enforced in a
timely manner. The Government disputed these claims as ill-founded.
Having
regard to the principles outlined in paragraph 27 above, the Court
considers it appropriate to award the above applicants the equivalent
in euros of the amounts they would have received if the judgments in
their favour had been enforced. At the same time, the Court rejects
the remainder of the claims for pecuniary damage made by some of the
above applicants as unsubstantiated and/or ill-founded.
As regards the rest of the applicants’ claims
under this head, the Court recalls its constant approach that the
adequacy of the compensation would be diminished if it were to be
paid without reference to various circumstances liable to reduce its
value (see, mutatis mutandis, Gizzatova v. Russia, no.
5124/03, § 28, 13 January 2005). As a result, the Court
frequently accepted in the past the applicants’ claims for
compensation of damage arising from inflation losses during the
prolonged failure to pay judgment debts (see, among many others,
Kulkov and Others v. Russia, nos. 25114/03 et al., § 64,
8 January 2009). It will therefore examine one by one the remaining
applicants’ claims in that respect.
(a) Application no. 21648/08
Mr
Fominykh claimed 1,024,759.32 Russian roubles (RUB) calculated as the
original award index-linked on the basis of the inflation rate. The
Government contested the claim as unsubstantiated.
The
Court observes that the applicant did not indicate the source of his
information in respect of the inflation rate he used to calculate his
claim, nor did her specify the exact rate of the inflation. At the
same time, it notes that the Government did not suggest an
alternative method of calculation and that the applicant’s
claim amounting approximately to 200 per cent of his original award
does not appear unreasonable in view of the length of the delay in
the enforcement. In these circumstances the Court accepts the
applicant’s claim and awards him 25,545 euros (EUR) as
compensation for pecuniary damage.
(b) Application no. 42081/08
Mr
Abdulov claimed RUB 1,000,000 of which RUB 313,252 was the amount of
the original award index-linked on the basis of the consumer prices
index of the Volgograd Region, where the applicant lives, from
January 2001 to January 2011. The rest of the claim represented the
cost of housing the applicant would have allegedly been able to buy
had the award been paid out in a timely manner. The Government did
not agree with the calculation method of the interest accrued and
disputed the inclusion in the claim of a cost of housing.
The
Court notes that the Government did not suggest a different method to
calculate the interest nor did it advance any reasons for which the
method offered by the applicant should not be used. At the same time,
the Court accepts the Government’s objection to the inclusion
of the cost of housing considering that the latter is purely
speculative in nature. Having regard to the above, the Court awards
the applicant EUR 7,832 as compensation for pecuniary damage and
rejects the rest of the claim.
(c) Application no. 56022/08
Mr
Komolov claimed RUB 1,053,548 as pecuniary damage. This amount was
based on the original award index-linked on the basis of the
inflation rate in the Vladimir Region from June 2004 to December
2010, which amounted to 199.22 per cent, according to the certificate
issued by the Kovrov Municipal Statistics Department in January 2011.
The Government disputed the claim as excessive.
The
Court observes that the Government did not advance an alternative
method of calculation of the interest accrued and that the
applicant’s method does not appear unreasonable. Therefore, it
accepts the applicant’s claim and awards him EUR 26,272.
(d) Application no. 4555/09
Mr
Shirobokov claimed RUB 1,600,000 based on the assessment by a
certified assessment company of the price of a flat with living floor
area of twenty-eight sq.m. in Izhevsk, Republic of Udmurtiya. The
Government contested the claim as excessive.
Having
regard to the facts of the case, the Court firstly observes that
determining the amount due to the applicant on 8 December 2005, the
Oktyabrskiy District Court of Izhevsk calculated it based on the
assessment done by the same company of the cost of a flat of the same
living floor area in the same town. It further notes that the
applicant’s claim amounts to 168 per cent of the award
granted to him in 2004, an increase which does not appear
unreasonable in view of the length of the delay in the enforcement.
The Court also notes that the Government did not advance any
alternative method of calculation of the interest accrued.
Regard
being had to the above, the Court considers it appropriate to accept
the applicant’s claim and award him EUR 39,914 as pecuniary
damage.
(e) Applications nos. 54527/07 and 671/09
Mr
Prokhozhev, Mr Abdulvagapov and Mr Musayev claimed EUR 27,254
(approximately RUB 1,180,000), RUB 336,860 and RUB 359,730
respectively.
To
calculate his claim for pecuniary damage, Mr Prokhozhev relied on the
aggregate sum of inflation and refinancing rates for the lapsed time
period obtained from the Central Bank of Russia, and Mr Abdulvagapov
and Mr Musayev used the average inflation rate in Russia from
February/May 2001 to January 2011. The Government disputed the
amounts as unreasonable and ill-founded.
The
Court notes that the amounts claimed exceed manifold the original
awards and that the applicants’ calculation methods bear
certain flaws. Deciding on an equitable basis, it awards the
applicants EUR 7,304, 5,774 and 5,816 respectively and rejects the
remainder of the claims.
2. Non-pecuniary damage
The
applicants claimed various amounts as compensation for non pecuniary
damage. The Government’s comments on these claims differed from
case to case.
The
Court notes that the delays in enforcement of domestic judgments vary
from one applicant to another, ranging between five and eleven years.
In the cases of that kind the Court’s awards for non-pecuniary
damage are, in principle, directly proportionate to the period during
which a binding and enforceable judgment remained unenforced (see
Burdov (no. 2), cited above, § 154). As an
alternative, the Court can adopt a unified approach in cases
involving many similarly situated victims and thus to award the same
sum to each of them (see Ryabov and 151 other “Privileged
pensioners” cases v. Russia, nos. 4563/07 et al., §§
21-22, 17 December 2009).
The
Court finds that the applicants’ situation in the present cases
would call for the latter approach. Indeed, they have all been
suffering from the State’s failure to honour the judgment debts
for very lengthy periods. All of them legitimately expected these
continuing violations to be remedied by the authorities following the
Court’s pilot judgment. However, their expectations were
eventually frustrated and the judgments in their favour have to date
remained unenforced, thus compelling the Court to resume examination
of the cases and to bring them to judgment (see Burdov (no. 2),
cited above, § 128).
Having
regard to the foregoing and making its assessment on an equitable
basis, as required by Article 41 of the Convention, the Court
considers that the compensation for non-pecuniary damage in the
present cases should be equivalent to the one awarded to the
applicant in the pilot judgment (see Burdov (no. 2),
cited above, §§ 156-157).
The
Court considers at the same time, that the amount to be awarded under
this head should be reduced in the case of Mr Shirobokov as he has
already been partially compensated at the domestic level for
non-pecuniary damage arising from non-enforcement of the domestic
judgment in his favour (see paragraph 10 above).
The
Court therefore awards Mr Shirobokov EUR 4,300 and the rest of the
applicants EUR 6,000 each in respect of non-pecuniary damage and
rejects the remainder of their claims.
B. Costs and expenses
According
to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been
shown that these have been actually and necessarily incurred and were
reasonable as to quantum.
Mss
Kalitkiny, Mr Belov and Mr Yefimenko did not submit any claims for
costs and expenses. Accordingly, the Court will not make any award
under this head to the above applicants. As to the rest of the
applicants, it will examine their claims on their merits.
1. Application no. 44387/04
Mr
Tkhyegepso and Ms Afaunova submitted a claim for RUB 13,358. The
Government argued that the claim was supported only for RUB 1,262.90.
The
Court notes that the applicants submitted supporting documents for
some postal and fax expenses totalling approximately RUB 1,405.
Accordingly, it awards the applicants EUR 35 and rejects the
remainder of the claim.
2. Application no. 2513/05
Mr
Maydannik submitted a claim for RUB 5,658.40, the indicated amount
including legal expenses at RUB 5,000 and postal expenses. The
Government allowed the claim for postal expenses but disputed the
claim for legal expenses as they had been incurred in the domestic
court proceedings.
The
Court accepts the Government’s argument and awards the
applicant EUR 16, rejecting the remainder of the claim.
3. Application no. 34770/07
Mr
Kleptsov submitted a claim for RUB 6,474.90, the indicated amount
including legal bills for RUB 5,900 and postal expenses. The
Government allowed the claim for postal expenses and expressed their
reservations in respect of the legal bills as the manner in which
they had been incurred was not clear from the receipts.
The
Court accepts the Government’s argument and awards the
applicant EUR 14, rejecting the remainder of the claim.
4. Application no. 54527/07
Mr
Abdulvagapov and Mr Musayev submitted a claim for EUR 5,200
allegedly incurred as lawyer’s bills. The Government disputed
the claim as ill-founded.
The
Court notes that the claim is not supported by any documents and
rejects it accordingly in full.
5. Application no. 21648/08
Mr
Fominykh submitted a claim for RUB 88,535.95, the indicated amount
including postal expenses for mailings to the European Court of Human
Rights totalling RUB 1,085.95, and various legal expenses incurred in
connection with the domestic court proceedings. The Government
allowed the claim for postal expenses disputing the rest of the claim
as ungrounded for lack of connection with the applicant’s
complaint before the Court.
The
Court accepts the Government’s argument and awards the
applicant the equivalent in euros of EUR 27, rejecting the remainder
of the claim.
6. Application no. 42081/08
Mr
Abdulov submitted two agreements for legal representation before the
domestic authorities in the enforcement proceedings and before the
European Court of Human Rights. The agreements set the lawyer’s
award at 5 per cent of the amount of the enforced judgment debt and
15 per cent of the amount of an award made by the Court.
The Government disputed the claim as unfounded.
Having
regard to the nature of the applicant’s complaint and deciding
on an equitable basis, the Court awards the applicant EUR 1,000 under
this head and rejects the remainder of the claim.
7. Application no. 56022/08
Mr
Komolov submitted a claim for RUB 4,737, the indicated amount
including legal expenses at RUB 2,000 and postal expenses. The
Government allowed the claim for postal expenses in the amount of
RUB 1,038.50 and rejected the remainder as not incurred in
connection with the complaint before the European Court of Human
Rights.
The
Court observes that indeed the postal expenses to Strasbourg are
supported for RUB 1,038.50, while the rest of the expenses were
incurred in the domestic proceedings. Therefore, it awards the
applicant EUR 25, rejecting the remainder of the claim.
8. Application no. 671/09
Mr
Prokhozhev submitted a claim for EUR 3,790 supported by two
agreements for legal representation at the European Court of Human
Rights. The Government contested the amount as excessive.
Having
regard to the nature of the applicant’s complaint and deciding
on an equitable basis, the Court awards the applicant EUR 1,000 under
this head and rejects the remainder of the claim.
9. Application no. 4555/09
Mr
Shirobokov submitted a claim for RUB 1,075.10 incurred as postal
expenses. The Government allowed the claim.
The
Court accordingly awards the applicant EUR 26 under this head.
C. Default interest
The
Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to
which should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Decides to join the applications;
Declares the complaints under Articles 6
and 13 of the Convention and Article 1 of Protocol No. 1 concerning
non-enforcement of the judgments in the applicants’ favour
listed in the appendix admissible and the remainder of the
applications inadmissible;
Holds that there has been a violation of Article
6 of the Convention and Article 1 of Protocol No. 1 in respect of the
failure to enforce the judgments in the applicants’ favour;
Holds that it is not
necessary to consider separately the complaints under Article 13
of the Convention;
Holds
(a) that
the respondent State is to pay the applicants,
within three months from the date on which the judgment
becomes final in accordance with Article 44 § 2
of the Convention, the following amounts to be converted into
Russian roubles at the rate applicable at the date of settlement:
(i) in
respect of pecuniary damage, plus any tax that may be chargeable:
EUR
748 (seven hundred and forty-eight euros) jointly to A. Tkhyegepso
and Zh. Afaunova;
EUR
821 (eight hundred and twenty-one euros) to S. Maydannik;
EUR
627 (six hundred and twenty-seven euros) jointly to I. Kalitkina
and Y. Kalitkina;
EUR
1,742 (one thousand seven hundred and forty-two euros) to A.
Kleptsov;
EUR
11,183 (eleven thousand one hundred and eighty-three euros) to D.
Belov;
EUR
5,774 (five thousand seven hundred and seventy-four euros) to S.-A.
Abdulvagapov;
EUR
5,816 (five thousand eight hundred and sixteen euros) to A. Musayev;
EUR
25,545 (twenty-five thousand five hundred and forty five euros)
to A. Fominykh;
EUR
7,832 (seven thousand eight hundred and thirty two euros) to S.
Abdulov;
EUR
26,272 (twenty-six thousand two hundred and seventy two euros)
to A. Komolov;
EUR
4,090 (four thousand ninety euros) to A. Yefimenko;
EUR
7,304 (seven thousand three hundred and four euros) to V. Prokhozhev;
EUR
39,914 (thirty-nine thousand nine hundred and fourteen euros) to A.
Shirobokov;
(ii) in
respect of non-pecuniary damage, plus any tax that may be chargeable:
EUR
4,300 (four thousand three hundred euros) to A. Shirobokov, plus
any tax that may be chargeable to the applicant on this amount;
EUR
6,000 (six thousand euros) to each of the other applicants, plus any
tax that may be chargeable to the applicants on these amounts;
(iii) in
respect of costs and expenses, plus any tax that may be chargeable to
the applicant:
EUR
35 (thirty-five euros) jointly to A. Tkhyegepso and Zh. Afaunova;
EUR
16 (sixteen euros) to S. Maydannik;
EUR
14 (fourteen euros) to A. Kleptsov;
EUR
27 (twenty-seven euros) to A. Fominykh;
EUR
1,000 (one thousand euros) to S. Abdulov;
EUR
25 (twenty-five euros) to A. Komolov;
EUR
1,000 (one thousand euros) to V. Prokhozhev;
EUR
26 (twenty-six euros) to A. Shirobokov;
(b) that
from the expiry of the above-mentioned three months until settlement
simple interest shall be payable on the above amounts at a rate equal
to the marginal lending rate of the European Central Bank during the
default period plus three percentage points;
Dismisses the remainder of the applicants’
claims for just satisfaction.
Done in English, and notified in writing on 25 October 2011, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Nina
Vajić
Registrar President
APPENDIX
No
|
Case no.
|
Lodged on
|
Applicant name
date of birth
place of residence
|
Judgment by
|
Date of
judgment
|
Domestic court awards (RUB)
|
-
|
44387/04
|
19/10/2004
|
Anatoliy Khazeshevich
TKHYEGEPSO
19/02/1951
Zhenya Chaflenovna
AFAUNOVA
15/02/1955
|
Supreme Court of the Republic of Kabardino-Balkariya
|
05/11/2003
|
30,000
|
-
|
2513/05
|
05/12/2004
|
Sergey Aleksandrovich
MAYDANNIK
04/03/1959
|
Ivanovo Garrison Military Court
|
26/07/2000 and 17/04/2003
|
33,011
|
-
|
24753/05
|
31/05/2005
|
Irina Mikhaylovna
KALITKINA
22/04/1961
Yevgeniya Vladimirovna
KALITKINA
22/04/1984
|
Oktyabrskiy District Court of Rostov-on-Don
|
25/05/2004
|
25,158.64
|
-
|
34770/07
|
18/07/2007
|
Aleksandr Mikhaylovich
KLEPTSOV
15/04/1975
|
Vladikavkaz Garrison Military Court
|
14/12/2001 and 02/07/2004
|
69,721.46
|
-
|
37169/07
|
02/07/2007
|
Dmitriy Yuryevich
BELOV
04/07/1976
|
Vladikavkaz Garrison Military Court
|
19/03/2002
|
451,500
|
-
|
54527/07
|
23/11/2007
|
Said-Ali Aliyevich
ABDULVAGAPOV
20/01/1961
Akhmed Aptiyevich
MUSAYEV
12/10/1971
|
Vladikavkaz Garrison Military Court
|
25/04/2003
|
115,830
116,640
|
-
|
21648/08
|
24/03/2008
|
Andrey Viktorovich
FOMINYKH
19/09/1979
|
Rostov-on-Don Garrison Military Court
|
28/09/2004
|
516,400.32
|
-
|
42081/08
|
17/07/2008
|
Samat Sagyndykovich
ABDULOV
09/11/1980
|
Volgograd Garrison Military Court
|
14/12/2001
|
112,590
|
-
|
56022/08
|
22/09/2008
|
Aleksandr Gennadyevich
KOMOLOV
18/12/1972
|
Rostov-on-Don Garrison Military Court
|
14/06/2004
|
528,836.81
|
-
|
59873/08
|
09/10/2008
|
Albert Valeryevich
YEFIMENKO
29/12/1971
|
Severomorsk Garrison Military Court
|
17/07/2003
|
163,611
|
-
|
671/09
|
14/12/2008
|
Vladimir Mikhaylovich
PROKHOZHEV
09/09/1981
|
Nizhniy Novgorod Garrison Military Court
|
30/05/2003
|
146,386.81
|
-
|
4555/09
|
13/11/2008
|
Aleksandr Romanovich
SHIROBOKOV
25/01/1957
|
Oktyabrskiy District Court of Izhevsk
|
08/12/2005
|
950,000
|