The case originated in an application against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d)<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Lobodova v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of:<\/p>\n Darian Pavli, President, Having deliberated in private on 19 May 2022,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 21 April 2008.<\/p>\n 2. The Russian Government (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 4. The applicant complained of the non-enforcement of a domestic decision and of the lack of any effective remedy in domestic law in that regard. She also raised other complaints under the provisions of the Convention.<\/p>\n THE LAW<\/p>\n I. ALLEGED VIOLATION OF ARTICLE 6 \u00a7 1 AND ARTICLE 13 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL no. 1 RELATED TO NON-ENFORCEMENT OF A DOMESTIC DECISION<\/strong><\/p>\n 5. The applicant complained of the non-enforcement of the domestic decision given in her favour. She relied on Article 6 \u00a7 1 and Article 13 of the Convention and Article 1 of Protocol No. 1, which read, in so far as relevant, as follows:<\/p>\n Article 6<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a fair … hearing … by [a] … tribunal …\u201d<\/p>\n Article 13<\/p>\n \u201cEveryone 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.\u201d<\/p>\n Article 1 of Protocol No. 1<\/p>\n \u201cEvery 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. …\u201d<\/p>\n A. Article 6 of the Convention<\/strong><\/p>\n 6. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a \u201chearing\u201d for the purposes of Article\u00a06. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no.\u00a018357\/91, \u00a7 40, Reports of Judgments and Decisions 1997 II).<\/p>\n 7. In the leading case of Gerasimov and Others v. Russia (nos. 29920\/05 and 10 others, 1 July 2014), the Court has already found a violation in respect of the issues similar to those in the present case.<\/p>\n 8. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of the applicant\u2019s complaint in the present case. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decision in her favour.<\/p>\n 9. This complaint is therefore admissible and discloses a breach of Article\u00a06 \u00a7 1 of the Convention.<\/p>\n B. Article 13 of the Convention<\/strong><\/p>\n 10. In view of the above findings and regard being had to the facts of the case, the Court declares the complaint about the lack of effective domestic remedies in respect of the prolonged non\u2011enforcement by the authorities of\u00a0the\u00a0domestic decision in the applicant\u2019s favour admissible but considers that it is not necessary to give a separate ruling on it in the present case (see, for a similar approach, Korotyayeva and Others v. Russia, nos. 13122\/11 and\u00a02 others, \u00a7\u00a7 36-40, 27 June 2017; and, mutatis mutandis, Tkhyegepso and\u00a0Others v. Russia, no. 44387\/04 and 11 others, \u00a7\u00a7 2124, 25 October 2011).<\/p>\n C. Article 1 of Protocol No. 1<\/strong><\/p>\n 11. The Court notes that the judgment in the applicant\u2019s favour ordered the competent authority to consider her request for modifying certain data concerning her employment history. While acknowledging that the obligation arising from the judgment was directly relevant to determination of the applicant\u2019s employment and pension rights, the Court discerns nothing in the judgment that would create a \u201clegitimate expectation\u201d of obtaining effective enjoyment of a particular pecuniary asset. The Court therefore concludes that the applicant\u2019s claim under Article 1 of Protocol No. 1 is manifestly ill-founded and must be rejected in accordance with Article 35 \u00a7\u00a7 3 and 4 of the Convention.<\/p>\n II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 12. The applicant also complained under Article\u00a06\u00a0\u00a7\u00a01 and Article 13 of the Convention about the length of the civil proceedings in her case (see the appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes, in the light of its well-established case-law, that there has been a violation of Article\u00a06\u00a0\u00a7\u00a01 of the Convention (see Gerasimov and Others, cited above, \u00a7\u00a7 140-74), and that there is no need to examine separately the complaint under Article\u00a013 of the Convention (see Palacheva v. Russia [Committee], no.\u00a039814\/04, \u00a7\u00a7\u00a071-75, 19\u00a0June 2014).<\/p>\n III. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n 13. Article 41 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 14. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Gerasimov and Others, cited above, \u00a7\u00a7 187-200), the Court considers it reasonable to award the sum indicated in the appended table and dismisses the remainder of the applicant\u2019s claims for just satisfaction.<\/p>\n 15. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Declares the complaints under Article\u00a06\u00a0\u00a7\u00a01 and Article 13 of the Convention related to the non-enforcement of the final domestic decision and the length of civil proceedings, as well as availability of effective domestic remedies in respect of those complaints, admissible and the remainder of the application inadmissible;<\/p>\n 2. Holds that there has been a violation of Article\u00a06 \u00a7 1 of the Convention concerning the non-enforcement of the domestic decision in the applicant\u2019s favour;<\/p>\n 3. Holds that there has been a violation of Article\u00a06\u00a0\u00a7\u00a01 of the Convention as regards the length of the civil proceedings (see the appended table);<\/p>\n 4. Holds that there is no need to examine separately the complaints under Article\u00a013 of the Convention;<\/p>\n 5. Holds<\/p>\n (a) that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.<\/p>\n 6. Dismisses the remainder of the applicant\u2019s claims for just satisfaction.<\/p>\n Done in English, and notified in writing on 9 June 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0 Darian Pavli ___________<\/p>\n APPENDIX<\/strong><\/p>\n Application raising complaints under Article 6 \u00a7 1 and Article 13 of the Convention and Article 1 of Protocol No. 1<\/p>\n (non-enforcement or delayed enforcement of domestic decisions and lack of any effective remedy in domestic law)<\/p>\n
\nCASE OF LOBODOVA v. RUSSIA<\/strong>
\n(Application no. 25321\/08)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n9 June 2022<\/p>\n
\nAndreas Z\u00fcnd,
\nMikhail Lobov, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n