CASE OF STARTSEV AND OTHERS v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Reasonable time);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The municipal unitary enterprise Sysolskoye proizvodstvennoye obyedineniye “Zhilkomkhoz” (МУП Сысольское производственное объединение «Жилкомхоз», hereinafter “the company”) was set up by a decision of the administration of the Sysolskiy District. It provided maintenance services in respect of municipal housing, including heating and water supply, maintenance of the sewage systems and renovation and maintenance of the municipal housing stock. 5. The Company had “the right of economic control” (право хозяйственного ведения) over the assets allocated to it in order to carry out its statutory activities. According to its statutory articles all of the company’s property as well as obtained profits belonged to the municipal estate. 6. On 3 March 2006 the Commercial Court of the Komi Republic commenced insolvency proceedings and appointed an external administrator to oversee the company’s administration. 7. On 29 September 2006 the Commercial Court of the Komi Republic ordered the insolvency proceedings in respect of the company. 8. On 28 August 2008 the Commercial Court of the Komi Republic discontinued the insolvency proceedings and ordered the respondent company’s liquidation. The creditors’ claims, which had not been satisfied during the liquidation procedure, including the applicants’ claims, were considered as settled. 9. On 8 September 2008 the company was removed from the Register of Legal Entities. 10. On an unspecified date in 2006 the applicants brought proceedings against the debtor company seeking salary arrears and other work-related payments. 11. On 9 August 2006 and 30 October 2006 the Justice of the Peace of the Sysolskiy Court Circuit of the Komi Republic awarded the applicants salary arrears (the amounts are specified in the Appendix, column no. 2) and compensation for non-pecuniary damage against their employer. On 10 October 2006 and 10 November 2006 respectively the Sysolskiy District Court upheld those judgments on appeal and they became final.