Communicated on 14 January 2019<\/p>\n
THIRD SECTION<\/p>\n
Application no.75109\/16
\nOksana Borisovna KLINTSOVA
\nagainst Russia
\nlodged on 23 November 2016<\/p>\n
STATEMENT OF FACTS<\/p>\n
The applicant, Ms Oksana BorisovnaKlintsova, is a Russian national, who was born in 1970 and lives in Syktykvar.<\/p>\n
A.\u00a0\u00a0The circumstances of the case<\/p>\n
The facts of the case, as submitted by the applicant, may be summarised as follows.<\/p>\n
1.\u00a0\u00a0Domestic judgment in the applicant\u2019s favour<\/p>\n
In October 2013 the applicant\u2019s flat was declared unsuitable for living. On 22\u00a0November 2013 the Syktyvkar Town Court of the Komi Republic ordered the Administration of the Town of Syktyvkar to provide the applicant with housing under a social tenancy agreement for a family of two of no less than 16.4\u00a0sq.m. By an additional decision of 13\u00a0December 2013 the town court specified that the housing was to be granted on a priority basis. The judgment entered into force on 20\u00a0February 2014.<\/p>\n
On 6\u00a0May 2014 the bailiffs started the enforcement proceedings.<\/p>\n
On 3\u00a0July 2015 the administration replied to the bailiffs\u2019 warning that the applicant had been put on a list of persons entitled to housing pursuant to the court decisions, and her waiting-list number was 367. The authority argued that there was no housing available at the material time.<\/p>\n
The judgment has not been enforced to date.<\/p>\n
2.\u00a0\u00a0Claim for non-pecuniary damage under the Civil Code<\/p>\n
On 7\u00a0December 2015 the applicant brought a civil action against the town administration claiming non-pecuniary damage stemming from the non-enforcement under Article\u00a0151 and Chapter\u00a059 of the Civil Code, as well as pecuniary damage \u2013 that is, her rent expenses incurred between June 2014 and April 2015\u2013 and application of the court penalty under Article\u00a0308.3 of the Civil Code. She argued that she had to rent a room in a shared flat as the judgment in her favour remained unenforced and her initial housing was unsuitable for living, and staying there was dangerous for her life and limb. She enclosed copies of rent agreements and receipts.<\/p>\n
On 12\u00a0January 2016 the Syktyvkar Town Court granted her claim in part. The court acknowledged that the applicant had undeniably sustained non\u2011pecuniary damage and awarded her 12,000 Russian roubles (RUB) (approximately 155\u00a0euros (EUR)[1]) as compensation for non-pecuniary damage caused by non-enforcement, to be paid at the expense of the Ministry of Finance.<\/p>\n
As regards her claim for rent expenses, the court observed that the applicant failed to submit evidence to the effect that her rent expenses were mandatory (\u0432\u044b\u043d\u0443\u0436\u0434\u0435\u043d\u043d\u044b\u043c\u0438), caused specifically by wrongful inaction of the town administration \u201cdepriving the applicant from the only housing option\u201d. For the court, the mere fact of non-enforcement of a domestic judgment during the validity period of her rent contract was not sufficient to establish the respondent\u2019s fault in causing damage to the applicant.<\/p>\n
As regards the applicant\u2019s request to apply the court penalty, the court observed that Article\u00a0308.3 of the Civil Code, in force as of 1\u00a0June 2016, could not be applied as the court was unable to establish \u201cfacts of bad-faith wrongdoing of the debtor\u201d (\u043d\u0435\u0434\u043e\u0431\u0440\u043e\u0441\u043e\u0432\u0435\u0441\u0442\u043d\u043e\u0433\u043e\u0432\u0438\u043d\u043e\u0432\u043d\u043e\u0433\u043e\u043f\u043e\u0432\u0435\u0434\u0435\u043d\u0438\u044f\u0434\u043e\u043b\u0436\u043d\u0438\u043a\u0430) having caused the non-enforcement, either before or after 1\u00a0June 2016.<\/p>\n
On 21\u00a0March 2016 the Supreme Court of the Komi Republic upheld the judgment in the appeal instance.<\/p>\n
On 24\u00a0May 2016 a judge of the Supreme Court of the Komi Republic refused to refer the case for consideration by the Presidium of that court.<\/p>\n
On 31\u00a0August 2016 a judge of the Supreme Court of Russia refused to refer the case for consideration by the Civil Chamber of the Supreme Court. The judge found that the applicant\u2019s cassation appeal was based on an incorrect interpretation of the legislation and did not disclose significant violations by the lower courts of substantive or procedural law.<\/p>\n
3.\u00a0\u00a0Compensation Act proceedings<\/p>\n
In April 2017 the applicant lodged an application under the amended Compensation Act.<\/p>\n
On 12\u00a0May 2007 the Supreme Court of the Komi Republic granted her action in part. The court observed that by the time of the introduction of the application the non-enforcement had lasted for three years and seventeen days. However, the court deduced the period until 12\u00a0January 2016 from the overall length, as the applicant had been already awarded compensation of non-pecuniary damage for that period. The court awarded the applicant RUB\u00a0100,000 (approximately EUR\u00a01,606[2]) in compensation of non\u2011pecuniary damage.<\/p>\n
On 13\u00a0July 2017 the Appellate Chamber of the Supreme Court of the Komi Republic upheld the judgment on appeal.<\/p>\n
On 6\u00a0October 2017 a judge of the Supreme Court of the Komi Republic refused to refer the case for consideration by the Presidium of that court.<\/p>\n
On 12\u00a0January 2018 a judge of the Supreme Court of Russia refused to refer the case for consideration by the Civil Chamber of the Supreme Court.<\/p>\n
B.\u00a0\u00a0Relevant domestic law and practice<\/p>\n
Relevant provisions of the Federal Law No.\u00a0450-FZ amending the Compensation Act of 2010, in force as of 1\u00a0January 2017, as well as provisions concerning application of the court penalty and other relevant domestic norms, are summarised in Shtolts and Others v.\u00a0Russia (dec.), nos.\u00a077056\/14 and 2\u00a0others, \u00a7\u00a7\u00a030\u201175, 30\u00a0January 2018.<\/p>\n
COMPLAINTS<\/p>\n
The applicant complains under Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 about the non-enforcement of the judgment in her favour and under Article\u00a013 about the lack of an effective domestic remedy in respect of the continuing non-enforcement.<\/p>\n
QUESTIONS TO THE PARTIES<\/p>\n
1.\u00a0\u00a0Has the judgment of 22\u00a0November 2013 in the applicant\u2019s favour, as supplemented by the additional decision of 13\u00a0December 2013, been enforced fully and in good time? If it has not, has there been a violation of Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 on account of the non-enforcement?<\/p>\n
2.\u00a0\u00a0Has the applicant have an effective remedy in respect of her non\u2011enforcement complaint? In particular:<\/p>\n
(a)\u00a0\u00a0Did she have an effective acceleratory remedy in respect of her complaint? In particular, was the request to apply a court penalty an effective remedy in her case?<\/p>\n
(b)\u00a0\u00a0Did she have an effective compensatory remedy in respect of her complaint? In particular, did her court action under the Compensation Act as amended by the Federal Law No.\u00a0450-FZ of 19\u00a0December 2016 constitute an effective remedy in respect of the alleged violation?<\/p>\n
(c)\u00a0\u00a0With reference to the proceedings concerning the applicant\u2019s claim for reimbursement of the rent expenses, was the applicant able to obtain appropriate redress of the alleged violation of her rights as a result of the non-enforcement, in those proceedings solely or taken in conjunction with the Compensation Act proceedings (see, mutatis mutandis, Gera\u00a0de\u00a0Petri TestaferrataBoniciGhaxaq v.\u00a0Malta, no.\u00a026771\/07, \u00a7\u00a053, 5\u00a0April 2011, and Apap Bologna v.\u00a0Malta, no. 46931\/12, \u00a7\u00a043, 30\u00a0August 2016, with further references; see further, in so far as relevant, Ilyushkin and Others v. Russia, nos. 5734\/08 and 28 others, \u00a7\u00a065, 17 April 2012)?<\/p>\n
_________________
\n[1].\u00a0\u00a0As converted into euros on the date of the judgment
\n[2].\u00a0\u00a0As converted into euros on the date of the judgment<\/p>\n