CASE OF BOLOTINY v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Dmitry Dedov;Erik Møse;Khanlar Hajiyev
4. The first applicant was born in 1953 and the second applicant was born on 1957. They live in Izhevsk. 5. In 1986 the first applicant was called up to take part in the emergency operations at the site of the Chernobyl nuclear plant disaster. As a result, he suffered from extensive exposure to radioactive emissions. In October 1996 experts established a causal link between the applicant’s disability and his involvement in the Chernobyl events. 6. Under domestic law the first applicant is entitled to monthly payments in compensation for health damage. He brought court proceedings against local authorities claiming adjustment of the monthly payments in line with the increase of a statutory minimum wage for the period between October 1996 and April 2000. 7. On 3 May 2000 the Oktryabrskiy District Court of Izhevsk of the Udmurtia Republic allowed his claim in part and ordered the Pensions and Social Allowances Department of the Oktyabrskiy District of Izhevsk and the Ministry of Social Welfare of the Republic of Udmurtia to pay the applicant a lump sum of 9,823.37 Russian roubles (RUB) in respect of the debt accrued as a result of previous underpayment. The court ordered that the award be paid at the expense of the federal budget. On 15 May 2000 the judgment became final and entered into force. 8. On 13 June 2000 the bailiffs’ office opened the enforcement proceedings. On 10 December 2003 those proceedings were discontinued on account of the respondent authority’s lack of funds. 9. On 24 May 2004 the amount awarded was paid to the first applicant in full. 10. Being a victim of the Chernobyl nuclear disaster, the first applicant is entitled to additional housing. As he was not offered any, he brought an action against the local authorities claiming to provide him with housing. 11. On 15 November 2004 the Oktyabrskiy District Court of Izhevsk found for the first applicant and ordered the Ministry of Architecture, Construction and Housing Policy of the Republic of Udmurtia to grant him a separate room which should meet sanitary and technical requirements and be well-equipped in accordance with the set standards. 12. The judgment was not appealed against and entered into force ten days later. 13. The Ministry of Construction of the Republic of Udmurtia did not execute the judgment due to lack of available housing. 14. On 31 January 2005 the respondent authority informed the first applicant that as of 15 December 2004 the competence to distribute the social housing to the victims of the Chernobyl nuclear disaster had been transferred to the Ministry for Disaster Relief of the Republic of Udmurtia, and since that date the Ministry of Construction had accordingly been unable to execute the judgment in his favour. 15. On 20 April 2005 the first applicant filed a claim to alter the mode of enforcement of the judgment of 15 November 2004 from in-kind provision of the room to monetary compensation for its acquisition. His claim was granted by the Oktyabrskiy District Court of Izhevsk on 11 May 2005 and he was awarded RUB 230,000 to be paid by the Ministry for Disaster Relief of the Republic of Udmurtia at the expense of the federal budget. 16. On 27 July 2006 the Federal Treasury Department at the Ministry of Finance informed the applicant that the debtor had not enforced the judgment and proposed to bring actions against the Ministry for Disaster Relief of the Russian Federation. 17. Since 25 April 2007 the State compensations for acquisition of housing to the victims of the Chernobyl disaster are provided only in form of housing certificates. 18. On 29 August 2008 the Oktyabrskiy District Court of Izhevsk ordered indexation of the awarded amount to RUB 547,400. That decision entered into force on 9 September 2008. 19. The award granted by the judgment of 15 November 2004 as amended by the indexation order of 29 August 2008 has not been paid to date.