KARKARIN v. RUSSIA and 3 other applications

 
 
 
Communicated on 6 February 2019
 
THIRD SECTION
Application no. 59131/10
Sergey Fedorovich KARKARIN
against Russia
and 3 other applications
(see list appended)
The applicants’ personal details are set out in the appended table. They have all obtained final judgments in their favour, according to which different state authorities were ordered to pay them certain sums. These court decisions were enforced with a significant delay or remained unenforced. The applicants sought compensation for delayed enforcement or non-enforcement under the Compensation Act. The respective information about the judgments in the applicants’ favour and their enforcement, courts decisions concerning the compensation awards and respective sums are indicated in the appended table.
COMPLAINTS
The applicants complain about the insufficiency of the amounts awarded as compensation for the lengthy non-enforcement of the judgments in their favour or refusal to grant such compensation. In application no. 42267/15 the applicant complains about non-enforcement of the final judgment in his favour and refusal to grant compensation for non-enforcement. In application no. 59131/10 the applicant also complains that he was not summoned to the hearing at the cassation instance.

1KARKARIN v. RUSSIA AND OTHER APPLICATIONS –
STATEMENT OF FACTS AND QUESTIONS
 
QUESTIONS to the parties
1.  Has there been a violation of Article 6 § 1 of the Convention in application no. 59131/10 on account of the Belgorod Regional Court’s failure to inform the applicant about the hearing at the cassation instance?
2.  Have there been violations of Article 6 of the Convention and Article 1 of Protocol No. 1 on account of the lengthy enforcement or non‑enforcement of the judgments in the applicants’ favour?
3.  Having regard to the proceedings instituted by the applicants under the Law no. 68-FZ of 30 April 2010, “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” (“the Compensation Act”), did the applicants have an effective domestic remedy for the lengthy enforcement or non-enforcement of the final judgments, as required by Article 13 of the Convention?

 
 
 
APPENDIX
No.
Application
no.
Date of introduction
Applicant name
Date of birth
Place of residence
Nationality
Represented by
Final domestic decision details
(in Russian roubles (RUB))
Length of enforcement proceedings
Compensation for delayed
enforcement or refusal
(in RUB)
Other complaints
Amount Friendly Settlement
(in euros (EUR)) 
59131/10
10/09/2010
Sergey Fedorovich KARKARIN
26/01/1956
Staryy Oskol
Russian
1) Starooskolk Town Court
20/11/2002
RUB 5,369.21 (arrears) + RUB 1,483.04 (monthly payments)
 
2) Starooskolk Town Court
27/05/2004
RUB 794.88 + RUB 1,681.76
 
3) Starooskolk Town Court
25/10/2005
RUB 1,076.32 + RUB 1,816.30
1) 1 year and 6 months
 
 
 
 
2) 1 year and 6 months
 
 
 
3) 1 year and 1 month
Belgorod Regional Court
27/04/2010
RUB 10,000
 
Enforced on 22/07/2010
A6-was not informed about the
hearing at the Belgorod Regional Court (cassation instance)
EUR 2,300 
60265/11
18/07/2011
Aleksandr Yuryevich KOVALKOV
06/07/1960
Moscou
Russian
1) Ryazansk Garrison Court
12/12/2008
RUB 10,922 – monthly payments for three months of 2008 (specified by the decision of 22/01/2010)
 
2) Ryazansk Garrison Court
18/03/2009
RUB 11,232 – monthly payments for three months of 2008-2009 (specified by the decision of 22/01/2010)
1) 5 years, 1 month and 22 days
 
 
 
 
 
2) 4 years, 11 months and 18 days
Moscow Regional Military Court
29/12/2010
RUB 5,000 for each judgment
 
Remained unenforced
 
EUR 10,100 
42267/15
05/08/2015
Ivan Ivanovich PALIY
17/11/1949
Sadovy
Russian
 
Tatyana Igorevna SLADKOVA
Leninskiy District Court of
Rostov-na-Donu
17/08/2011
17/10/2011
RUB 300,000 (compensation for non-pecuniary damage due to the applicant’s son demise)
Non-enforced
Rostov Regional Court
03/03/2015
9/12/2015
Rejected
 
EUR 7,100 
76882/16
26/11/2016
Andrey Igorevich RESIN
29/07/1974
Khabarovsk
Russian
 
Tatyana Robertovna YESINA
Kirov District Court
25/11/2011
RUB 10,200 (Compensation for non‑pecuniary damage, costs and expenses)
3 years, 1 month and 19 days
Khabarovsk Regional Court
15/10/2015
22/07/2016
RUB 5,000
 
Enforced
 
EUR 2,700
 

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