CASE OF KARPESH v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Enforcement proceedings;Article 6-1 - Reasonable time);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;Luis López Guerra
4. The applicant was born in 1940 and lives in Tambov. 5. On 8 August 2003 the Justice of the Peace of the 1st Court Circuit of the Leninskiy District of the Tambov Region ordered Municipal unitary enterprise of housing maintenance No. 1 («УМПЖХ №1», hereinafter “debtor company”) to pay 348 euros (EUR) to Ms Lisova Aleksandra Semenovna. The judgment became final on 19 August 2003. 6. On 11 September 2003 the Bailiffs’ Service initiated enforcement proceedings. 7. Following Ms Lisova’s death, on 08 July 2005 the Justice of the Peace of the 1st Court Circuit of the Leninskiy District of the Tambov Region replaced the initial applicant, Mrs Lisova, by her successor, Mrs Karpesh, in the enforcement proceedings. 8. The award was subsequently index-linked in the course of the enforcement proceedings by the decisions of 02 March 2006 (final on 14 March 2006), 09 April 2007 (final on 20 April 2007), 09 January 2008 (final on 22 January 2008), and 27 March 2008 (final on 08 April 2008). Each decision replaced and cancelled the previous one. 9. The award has not been paid to the applicant to date. 10. The company was incorporated as a municipal unitary enterprise set up by a decision of the local administration and provided housing maintenance services. The company had “the right of economic control” (право хозяйственного ведения) over the assets allocated to it by the administration in order to carry out their statutory activities. 11. On 30 May 2008 the debtor company was declared insolvent and liquidation proceedings started. As a result, the company was liquidated on 27 May 2009.