Решение ЕСПЧ от 13.11.2018

<Дело Нина Ивановна Шевцова (Nina Ivanovna Shevtsova) против России> (жалоба № 51740/07) [англ.]

The European Court of Human Rights (Third Section), sitting on 13 November 2018 as a Committee composed of:

Branko Lubarda, President,

Pere Pastor Vilanova,

Georgios A. Serghides, judges,

and Fatoº Aracý , Deputy Section Registrar,

Having regard to the above application lodged on 12 September 2007,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Nina Ivanovna Shevtsova, is a Russian national, who was born in 1938 and lives in Rostov-na-Donu.

The Russian Government («the Government») were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.

The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

By the judgment of 2 November 2004 the Zheleznodorozhnyy District Court of Rostov-na-Donu ordered the Administration of the Zheleznodorozhnyy District to carry out maintenance works in two flats. By an additional decision of 30 November 2004 the same court set out the costs of the maintenance works and the time-limit for the works. On 3 November 2005 the Presidium of the Rostov Regional Court the judgment imposed the obligation to bear the costs of the repair works on the municipal housing maintenance authority. The judgment was enforced on 30 March 2011.

COMPLAINT

The applicant complained, notably, under Article 1 of Protocol No. 1 to the Convention of the non-enforcement of the judgment of 2 November 2004 and of the lack of any effective remedy in domestic law.

THE LAW

The Court reiterates that under Article 35 of the Convention it shall not deal with any application that is substantially the same as a matter that it has already examined.

The Court considers that the complaint about the delayed enforcement of the judgment of 2 November 2004, as well as about the lack of an effective remedy in respect of the non-enforcement, is substantially the same as the matter already examined by the Court (compare Rybalkin and Others v. Russia, nos. 42666/04 and 5 others, §§ 6-13 and line 2 of the Appendix, 8 February 2018, concerning application no. 21247/05 by Ms Nina Ivanovna Shevtsova).

It follows that the application must be rejected pursuant to Article 35 §§ 2 (b) and 4 of the Convention.

Declares the application inadmissible.

Done in English and notified in writing on 6 December 2018.

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