The ECHR found a violation of the requirements of Article 6 § 1 of the Convention, Article 1 of Protocol No. 1, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 6 § 1 of the Convention, Article 1 of Protocol No. Сведения: 2018-08-09 05:32:05

The ECHR judgment of 30 November 2017 in the case of Legler and Maryin v. Russia (applications 724/06 and 38416/09).

In the case, the applicants successfully complained about the failure to fulfill or delay in the enforcement of judgments of the courts of the Russian Federation passed against state unitary enterprises. The applicants also pointed out that they did not have an effective remedy in this respect. The case involved a violation of the requirements of Article 6 § 1 of the Convention (the right to a fair trial), Article 1 of Protocol No. 1 to the Convention (right to property protection), Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2006 and 2009, the applicants were assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their complaints, the applicants complained of non-execution or delay in the enforcement of judgments of the courts of the Russian Federation made against state unitary enterprises. The applicants also pointed out that they did not have an effective remedy in this respect.

On 30 November 2017, on the complaints submitted by the applicants, the Court unanimously held that in this case the Government violated the requirements of Article 6 § 1 of the Convention (the right to a fair trial), Article 1 of Protocol No. 1 (right to property protection), articles 13 of the Convention (the right to an effective domestic remedy) and ordered the respondent State to pay each applicant EUR 2,000 in respect of non-pecuniary damage.

 

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