NOSOV AND OTHERS v. RUSSIA - 9117/04 10441/04 - Chamber Judgment [2014] ECHR 184 (20 February 2014)

NOSOV AND OTHERS v. RUSSIA - 9117/04 10441/04 - Chamber Judgment [2014] ECHR 184 (20 February 2014)

The delayed enforcement of domestic judgments awarding social payments to the applicants constituted a violation of Article 6 and Article 1 of Protocol No. 1, as the State cannot rely on lack of funds or procedural complexity to justify non-enforcement. The restrictions imposed on the applicants' demonstration did not amount to a violation of Article 11, as the authorities showed sufficient tolerance and the measures taken were proportionate to legitimate aims.

Citation
[2014] ECHR 184
Parties
Applicants: Nosov and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
20 February 2014
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Partly allowed, partly dismissed
Legal Topics
Delayed Enforcement of Judgments, Freedom of Assembly, Just Satisfaction, Locus Standi
Human Rights Administrative Law Civil Procedure Delayed Enforcement of Judgments Freedom of Assembly Just Satisfaction Locus Standi

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Parties

Nosov and Others

Applicants

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Delayed enforcement of domestic judgments
  2. 2 Interference with freedom of assembly
  3. 3 Standing of heirs in human rights proceedings

Ratio Decidendi

The delayed enforcement of domestic judgments awarding social payments to the applicants constituted a violation of Article 6 and Article 1 of Protocol No. 1, as the State cannot rely on lack of funds or procedural complexity to justify non-enforcement. The restrictions imposed on the applicants' demonstration did not amount to a violation of Article 11, as the authorities showed sufficient tolerance and the measures taken were proportionate to legitimate aims.

Court Disposition

Partly allowed, partly dismissed

Orders

  • Applications joined
  • Heirs of deceased applicants have standing