09/06/04
N0.296
сонкмнлнвеммши пняяхияйни тедепюжхх опх ебпноеияйнл ясде он опюбюл векнбейю
Representative
of the
at the European
Court of Human Rights
Representant
de la Federation de Russie aupres de la Cour Europeenne des Droits de I'Homme
8/4, Ilynka s(r., entr. 20,
╧ 6-1-136Z
tel. (095) 206-74-55, fax (095) 206-31-43
Mr. S0ren NIELSEN First Section Registrar, European
Court of Human Rights
COUNCIL OF
AoDlications
nos. 1719/02.16606/02.19589/02. 40642/02.43282/02 and 15193/03
Dear Sir,
Please find attached a copy of the English translation
of the Memorandum of the
The hard copy of the above-mentioned Memorandum will
be transmitted to you in due course.
Pavel Laptev
Translation from Russian
REPRESENTATIVE OF THE
EUROPEAN COURT OF HUMAN RIGHTS
13 May 2004 NO.A6-1-3251
MEMORANDUM
in re applications
no. 1719/02 ╚Butsev v. Russia╩; no. 16606/02 ╚Leonov v. Russia╩; no. 19589/02 ╚Parkhomov
v. Russia╩; no. 40642/02 ╚Denisenkov
v. Russia╩; no. 43282/02 ╚NNN v. Russia╩; no. 15193/03 ╚Khaziyev
v. Russia╩
On 12 February 2003
the European Court of Human Rights {hereinafter - the Court) communicated
to the Russian Federation authorities the following applications: no. 1719/02 ╚Butsev v. Russia╩; no. 16606/02 ╚Leonov
v, Russia╩; no. 19589/02 ╚Parkhomov v. Russia╩; no. 40642/02
╚Denisenkov v. Russia╩; no. 43282/02 ╚NNN v. Russia╩;
no. 15193/03 ╚Khaziyev v. Russia╩.
The applications
had been lodged with the Court under Article 34 of the Convention for the
Protection of Human Rights and Fundamental Freedoms {hereinafter - the
Convention) by the Russian Federation nationals: Mr. Viktor Grigorievich
BUTSEV, Mr. Oleg Nikolayevich LEONOV, Mr. Aleksandr Aleksandrovich PARKHOMOV, Mr. Vladimir Nikolayevich
DENISENKOV and Mr. Albert Kharisovich KHAZIYEV.
The
Court, acting pursuant to Rule 54 ╖ 2 (b) of Rules of Court, has made a
judgment to communicate the present application to the Russian
European
Court of Human Rights Received
Federation
authorities, and has suggested submitting their observations and answering the
following questions:
1.═ Were the judgments rendered in favour of the applicants fully and timely enforced? In this
respect the Government are requested to present
calculations of the differences between the final awards made to the applicants
and the money they received in compensation of:
(a) the outstanding amounts of welfare benefits due to them for
the past time (before the domestic court judgments),
(b) the monthly compensation payments awarded in a fixed
amount,
(c)═ the subsequent
indexation of these monthly payments, and
(d)═ the damages and
penalties, awarded by the courts (if any).
If the amounts
awarded by the court were fully paid to the applicants, the Government are requested to specify the delays in executing the court j
udgments.
2. Is the alleged
failure of the State to fully and timely enforce the judgments compatible with
Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention
(see Burdov v. Russia, no. 59498/00,
╖╖ 34, 35,40,41, ECHR 2002-ь)?
Statement of Facts
of the Case That Are of Procedural Bearing
The
Answers to
Questions Posed by the Court and
Reasons Why the
Case
- In the Opinion
of the
In 1998 - 2002 domestic
court judgments were rendered in the cases of the applicants; the courts
obligated appropriate social security agencies to provide indexation of the
amounts of social payments due to the applicants and ordered to pay to the
applicants the debts accrued as a result of previous underpayments taking into
account the indexation.
As of now, the
court judgments rendered in the
The judgment of 21
May 1999 rendered by the Shakhtinskiy Town Court, Rostov Region, in favour of Mr.
V.G. Butsev (it took legal effect on 31 May 1999) was
enforced fully. The payment due under the judgment in the amount of 262,864.47 roubles has been transferred to the applicant's personal
account in the Russian Federation Savings Bank in accordance with payment
orders of 29 March 2002 no. 268, of 24 April 2002 no. 407, of 30 May 2002 no. 526,
of 27 June 2002 no. 656, and of 28 June 2002 no. 665.
From
The judgment of
From
2003, with
consideration of indexation depending on the growth of the living wage in the Rostov Region. There is no
outstanding debt.
Judgments of the Zemogradskiy District Court, Rostov
Region, of
From
The judgment of
From
Pursuant to the
judgment of the Pervomayskiy District Court of the
City of
. . .═ (ЙСОЧПЮ Б
НРМНЬЕМХХ ДЕКЮ Ц-МЮ NNN)
Court judgments
rendered in favour of Mr. A.H. Khaziyev
have been enforced fully. The decision of the Pervomayskiy
District Court of the Town of
Local agencies of
social security and the Rostov Region Ministry of Labour and Social Development conducted consultations with
the applicants who are residents of the Rostov Region
to reach friendly settlements as in the case of Burdov
v.
On
Mr. V.G. Butsev, Mr. NNN, Mr. A.A. Parkhomov
and Mr. V.N. Denisenkov were also proposed to reach
friendly settlements provided that they would be compensated for untimely
execution of the court judgments in the amount of 125 euro a month (1500 euro a
year) as in the case of Burdov v,
In the Ministry of
Social Security of the Udmurt Republic the
consultations were held between the officials and the representative of Mr.
A.H. Khaziyev regarding a friendly settlement
provided that the applicant would be compensated for untimely execution of the
court judgment of 19 May 1999 in the amount of 125 euro a month (1500 euro a
year) as in the case of Burdov v. Russia.
The representative of Mr, A.H. Khaziyev rejected the proposal (a copy of relevant record
is attached herewith)
Thus,
the
In view of the
above stated, and representing the interests of
the
Representative of
the
at the
European Court of Human Rights,
as
approved by Decree of the Russian Federation President
of 29 March
1998 no. 310,
I SUBMIT:
that the
applications of Mr. Viktor Grigorievich BUTSEV, Mr.
Oleg Nikolayevich LEONOV, Mr. Aleksandr Aleksandrovich PARKHOMOV, Mr. Vladimir Nikolayevich
DENISENKOV and Mr. Albert Kharisovich KHAZIYEV
regarding alleged violations of their rights under Article 6 ╖ 1 of the
Convention for the Protection of Human Rights and Fundamental Freedoms are
ill-founded in the meaning of Article 35 ╖ 3 of the Convention and should be
rejected under Article 35 ╖ 4 of the Convention.
Pavel Laptev (signature)
Appendix═════════
1.═ A copy of the payment order
no. 39-1 page.
2.══
A copy of the record of consultations with the representative of Mr.
A.H. Khaziyev -1 page.
3.══
A statement to recall the application of Mr. O.N. Leonov
-1 page.
4.══
A copy of the friendly settlement reached with Mr. O.N. Leonov -1
page.
5.══
A copy of the finding of the
6.══ Records of the rejections of Mr. V.G. Butsev, Mr. NNN, Mr. A.A. Parkhomov
and Mr. V.N. Denisenkovto conclude friendly
settlements - 4 pages.