• Благотворительный фонд Весна в сердце

The court awarded damages for non-pecuniary loss in favor of a legal entity

According to the official report of the Chief Bailiff of the Russian Federation more 55 millions of the writs of execution were under performing in 2013. The total amount of them was more 4,7 trillions of rubles. Meanwhile, at the same time, only 301 billions of rubles (!) were forcibly collected (link, in Russian).

The problem of the enforcement of the courts decisions is the most important problem of the modern judicial system of Russia. As the Chairman of the Supreme Commercial (Arbitrazh) Court of the Russian Federation only 20% of the all decisions of commercial courts are executed (link, in Russian).

There are a lot of reasons such a low level of enforcement and one of them is inaction of the bailiffs (in some cases). In such conditions both the companies and the entrepreneurs have not so many tools to protect their own rights. The court protection turns into an illusion.

Meanwhile, KIAP Attorneys at Law, found out a way to resolve this problem. They advised their client to bring an action against the Bailiff Service and to require damages for non- pecuniary loss caused by improper performance of a judicial act. The action was based on the precedents of the European Court of Human Rights.

After one year of litigation the case has been won. Some details of the case (in Russian) can be found in KIAP site and I am, being the representative of the plaintiff in all the instances, going to tell some essential facts of the case soon in English.

Keep in touch.