NGOs under European Convention on Human Rights / Tymofeyeva

in the case of Burdov v. Russia (no. 2) 641 of 2009 aimed to solve this problem. On 4 May 2010, the Compensation Act, a law providing a domestic remedy in the case of excessive length of judicial and enforcement proceedings, entered into force in Russia. On 23 September 2010, the Court concluded that all new cases introduced after the delivery of the pilot judgment should be submitted initially to the national courts according to the Compensation Act. 642 However, in July 2014, the Court was forced to examine this issue and rendered a new pilot judgment in the case of Gerasimov and Others v. Russia . 643 In this judgment, the Court found that the Compensation Act was not applicable to the applications that concerned judgments ordering the authorities to provide housing or comply with other obligations in kind. The applicants had thus had no effective remedy available at the domestic level in respect of non-enforcement. Russia was required to change its practice again. A number of other cases exist where the Court dealt with non-enforcement in respect of Article 34 NGOs, such as Amat-G Ltd and Mebaghishvili v. Georgia, 644 Oferta Plus SRL v. Moldova 645 and others. 646 These subjects should not be prevented from benefiting from the final decision given in their favour, which was of vital importance for their functioning, even on the ground of the state’s financial difficulties. The next section will describe a special aspect of the right to fair trial in criminal cases, namely the guarantee nullum crimen nulla poena sine lege, which is covered by Article 7 of the Convention.

Burdov (no. 2) , cited above.

641

642 Nagovitsyn and Nalgiyev v. Russia (dec.), nos. 27451/09 and 60650/09, 23 September 2010. 643 Gerasimov and Others v. Russia , nos. 29920/05, 3553/06, 18876/10, 61186/10, 21176/11, 36112/11, 36426/11, 40841/11, 45381/11, 55929/11 and 60822/11, 1 July 2014. 644 Amat-G Ltd , cited above. 645 Oferta Plus SRL , cited above. 646 Qufaj Co. , cited above and OOO Rusatommet , cited above.

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