6.  The applicant was born in 1954 and lives in Izhevsk, Republic of Udmurtiya. 7.  On 17 June 2002 the applicant brought proceedings in court challenging the authorities’ refusal to issue him with a new passport. 8.  On 20 September 2002 the Presidium of the Supreme Court of the Republic of Udmurtiya, considering the case at the supervisory instance, found for the applicant. 9.  The applicant subsequently sued the authorities for damages resulting from their unlawful refusal to issue him with a passport. 10.  On 11 August 2004 the Oktyabrskiy District Court of Izhevsk granted the applicant’s claims in part and awarded him 4,000 Russian roubles (RUB) as non-pecuniary damage, to be paid by the Russian Ministry of Finance. 11.  On 30 September 2004 the Supreme Court of the Republic of Udmurtiya upheld the judgment on appeal. 12.  According to the Government, shortly after the judgment of 11 August 2004 became binding and enforceable, the trial court forwarded the writ of execution to the relevant department of the bailiff service. However, on 21 January 2005 the writ was returned to the applicant by the bailiff service with an explanation that the document should be submitted to the Ministry of Finance. 13.  The applicant did not re-submit the document to any authorities, and the judgment remains unenforced to date. 14.  Article 9 of the Federal Law on Enforcement Proceedings of 21 July 1997 (no. 119-ФЗ) as in force at the material time provided that a bailiff was to set a time-limit up to five days for the defendant’s voluntary compliance with a writ of execution. The bailiff was also to warn the defendant that coercive action would follow should the defendant fail to comply with the time-limit. Under Article 13 of the Law, the enforcement proceedings had to be completed within two months of the receipt of the writ of execution by the bailiff. 15.  In 2001-2005 the judgments delivered against the public authorities were executed in accordance with a special procedure established, inter alia, by the Government’s Decree no. 143 of 22 February 2001 and, subsequently, by Decree no. 666 of 22 September 2002, entrusting execution to the Ministry of Finance. By a ruling of 14 July 2005 (no. 8-П), the Constitutional Court of Russia considered certain provisions governing the special execution procedure to be incompatible with the Constitution. Following that ruling, the Law of 27 December 2005 (no. 197-ФЗ) introduced a new chapter in the Budget Code modifying this special procedure. The Law notably empowered the Federal Treasury to execute judgments against legal entities funded by the federal budget and the Ministry of Finance to execute judgments against the State. Under Article 242.2.6 of the Budget Code, the judgments must be executed within three months after receipt of the necessary documents.
ITMarkFactsComplaintsEnd