Point of law: whether the recovery of compensation for the failure to execute court decision within a reasonable term is an efficient compulsory measure?
Ratio decidendi: the compensation to be recovered will not be an adequate one, if it is paid without due regard to the long delay in execution of court decision. Having in view the practice of the European Court of Human Rights regarding the stimulation of a responding party to execute court decision, and also the widely-spread jurisprudential mechanism of imposition of fines to the benefit of the sufferor for the failure to execute court decision, taking into account the necessity to secure an efficient execution of judicial acts in the Russian Federation, the defendant must, apart from the amount of compensation, pay to the plaintiff the annual interest on such аmount at the interest rate (refinancing rate) of the Central Bank of Russia (8.25 per cent annually), increased by 3 per cent (that is, 11.25 per cent annually) from the moment of adoption of the judgment of the Presidium and until the full payment of the compensation.
Practical consequences: it appears that this judgment is the first step to the introduction of astreinte into Russian law. The Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.
