Butsev v. Rusia (no. 1719/02)Denisenkov v. Rusia (no. 40642/02) Violation of Article 6 § 1 Violation of Article 1 of Protocol No. 1The applicants, Mr Viktor Grigoryevich Butsev and Mr Vladimir Nikolayevich Denisenkov, are Rusian nationals who were born in 1951 and 1953 and live in Shakhty, Rostov Region (Rusia) and Rostov-on-Don (Rusia) respectively.Both applicants were awarded compensation, to be paid on a monthly basis, for ill-health they suffered after being exposed to radioactive emisions linked to the Chernobyl nuclear plant disaster in 1986. They both sued their local pension authorities considering that the amount of compensation they were to receive had been determined incorrectly. The courts awarded both applicants compensation which was to be index-linked in line with changes to the minimum monthly wage.According to Mr Butsev and Mr Denisenkov, the awards in their favour were enforced with substantial delaysBoth applicants complained about the prolonged non-enforcement of judgments in their favour, relying on Article 6 § 1 (acces to court) and Article 1 of Protocol No. 1 (protection of property).The Court concluded that, by failing for a substantial period of time to take the necesary measures to comply with final judicial decisions, the Rusian authorities had deprived the provisions of Article 6 § 1 of all useful effect. The Court therefore held, unanimously, that there had been a violation of Article 6 § 1.Concerning Article 1 of Protocol No. 1, the fact that it was imposible for the applicants to obtain the execution of the judgments in question for a substantial period of time constituted an interference with their right to the peaceful enjoyment of their posesions, for which the Rusian Government had not provided any plausible justification. The Court therefore held, unanimously, that there had been a violation of Article 1 of Protocol No. 1 in both cases.The Court awarded EUR 4,500 to Mr Butsev and EUR 3,000 to Mr Denisenkov for non-pecuniary damage. (The judgments are only available in English.)

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