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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Vladimir Fedorovich ROMAN & Ors v Ukraine - 26678/07 [2012] ECHR 796 (10 April 2012) URL: http://www.bailii.org/eu/cases/ECHR/2012/796.html Cite as: [2012] ECHR 796 |
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FIFTH SECTION
DECISION
Application no.
26678/07
Vladimir Fedorovich ROMAN against Ukraine
and 36 other
applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 10 April 2012 as a Committee composed of:
Mark
Villiger,
President,
Karel
Jungwiert,
André
Potocki, judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above applications lodged on the dates specified in the annexed table,
Having deliberated, decides as follows:
THE FACTS
The applicants are Ukrainian nationals whose names and dates of birth are specified in the annexed table. The Ukrainian Government (“the Government”) were represented by their Agent, Ms V. Lutkovska, of the Ministry of Justice.
In the application no.11866/08 the applicant died on 19 June 2010 and her heir, Mrs M. Yakunina, expressed her wish to pursue the application.
On various dates domestic courts delivered judgments in the applicants’ cases and ordered the domestic authorities to pay them certain amounts. The judgments became final, but the authorities delayed their enforcement.
COMPLAINTS
Relying on various provisions of the Convention, the applicants complained about the delayed enforcement of the judgments given in their favour. Some of the applicants also raised other complaints under the Convention.
THE LAW
The declarations also provided that the compensation sums were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, would be free of any taxes that may be applicable and would be converted into the national currency of the respondent State at the rate applicable at the date of settlement. They would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 (c) of the Convention. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The applicants expressed their agreement with the terms of the Government’s declarations, though some of them questioned the Government’s compliance.
The Court reiterates that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified in paragraph 1 (a), (b) or (c) of that Article. Article 37 § 1 in fine states:
“However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires.”
In the light of the applicants’ agreement with the Government’s declarations, the Court considers that Article 37 § 1 (b) is relevant in the present cases. This is in line with the Yuriy Nikolayevich Ivanov pilot judgment (cited above, § 99 and point 6 of the operative part) and the Court finds no public policy reasons to justify the continued examination.
For these reasons, the Court unanimously
Decides to join the applications;
Takes note of the terms of the respondent Government’s unilateral declarations and the applicants’ comments thereon;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (b) of the Convention.
Stephen Phillips Mark Villiger
Deputy Registrar President
ANNEX
|
No. |
Application |
Applicant’s name, year of birth |
Date of introduction |
Domestic judgments about the lengthy non-enforcement of which the applicants complain (date of the judgment and name of the court) |
Date of the Government’s unilateral declaration |
Compensation offered by the Government (euro) |
|
|
26678/07 |
ROMAN VLADIMIR FEDOROVICH, 1942 |
17 May 2007 |
31 July 2006, Krasnyy Luch Court |
12 January 2012 |
960 |
|
|
45765/07
|
GORBATYUK ALLA SEMENIVNA, 1954 |
2 October 2007 |
24 November 2005, Oleksandriya Court |
07 November 2011 |
840 |
|
|
47091/07 |
SOLONKIN PETR MIKHAYLOVICH, 1934 |
19 October 2007 |
3 October 2001, Krasnyy Luch Court |
12 January 2012 |
1,785 |
|
|
49278/07 |
ZINCHENKO YURIY IVANOVICH, 1958 |
30 October 2007 |
3 May 2006, Krasnyy Luch Court |
12 July /2011 |
915 |
|
|
787/08 |
TISHCHENKO SVETLANA NIKOLAYEVNA, 1956 |
5 December 2007 |
25 August2005, Ovruch Court |
17 January 2012 |
825 |
|
|
2423/08 |
BLASCHUK VIKTOR ILLICH, 1958 |
17 December 2008 |
9 August 2002, Odesa Harrison Court |
28 May 2005 |
1,380 |
|
|
11866/08 |
PANINA NATALIYA GRIGORYEVNA, 1924 |
21 January 2008 |
24 September 2002, Krasnyy Luch Court |
9 December 2011 |
1, 635 |
|
|
21339/08 |
KRAVTSOV VOLODYMYR ILLICH, 1952 |
1 April 2008 |
7 November 2005, Oleksandriya Court |
7 November 2011 |
840 |
|
|
48951/08 |
BARANOVSKA GALYNA IVANIVNA, 1961 |
26 September 2008 |
13 September 2005, Ovruch Court |
9 December 2011 |
1,035 |
|
|
51462/08 |
VASYUTA VIKTOR BORISOVICH, 1952 |
26 August 2008 |
5 June 2006, Artzysk Court (quashed by the Higher Administrative Court on 28 April 2010) |
28 October 2011 |
630 |
|
|
61676/08 |
1. VASHCHENKO SERGIY YEVGENOVYCH, 1961
2. BEREZHNYY SERGIY DMYTROVYCH, 1960
3.BOYKO LARYSA VALENTYNIVNA, 1945
4. DUFNIK LYUDMYLA MYKHAYLIVNA, 1958
5. KOZACHOK SERGIY VITALIYOVYCH, 1959
6.KULBABA VASYL MYKOLAYOVYCH, 1954
7. LINNIK PAVLO OLEKSANDROVYCH, 1950
8. MAYDANYUK KATERYNA IVANIVNA, 1946
9. MATUSHAK MYKOLA STEPANOVYCH, 1965
10. ONYSHCHUK SERGIY IVANOVYCH, 1941
11. TSUGEL IGOR MYKOLAYOVYCH, 1965 |
1 December 2008 |
7 March 2007, Khmelnytsk Court |
13 July 2011 |
750 |
|
|
7484/09 |
GARNYK MARIYA MYKHAYLIVNA, 1955 |
29 January 2009 |
5 December 2007, Tetiyv Court |
13 September 2010 |
480 |
|
|
9356/09 |
BROSLAVSKYY SERGIY IVANOVYCH, 1956 |
9 February 2009 |
22 December 2003, Yenakievo Court |
9 December 2011 |
1,410 |
|
|
9379/09 |
BONDARENKO IVAN PAVLOVYCH, 1963 |
30 January 2009 |
11 December 2007, Tetiyv Court |
13 September 2010 |
480 |
|
|
9806/09 |
GONCHARUK LYUDMYLA BORYSIVNA, 1966 |
3 February 2009 |
11 December 2007, Tetiyv Court |
13 September 2010 |
480 |
|
|
14944/09 |
YEFREMOV YURIY PAVLOVICH, 1938 |
5 March 2009 |
14 June 2005, Oleksandriya Court |
7 November 2011 |
840 |
|
|
38705/09 |
SALITRA IGOR MYKHAYLOVYCH, 1956 |
3 July 2009 |
2 February 2007, Ivano-Frankivsk Court |
25 June 2011 |
780 |
|
|
45550/09 |
TYSHKEVYCH LYUDMYLA VITALIYIVNA, 1977 |
5 August 2009 |
21 November 2007, Ichnya Administrative Court |
9 December 2011 |
315 |
|
|
55354/09 |
MEDVEDEV SERGIY SERGIYOVYCH, 1980 |
2 October 2009 |
7 November 2006, Voroshylivskyy District Court of Donetsk |
12 January 2012 |
930 |
|
|
59810/09 |
GRYSHCHENKO SOFIYA DEMYANIVNA, 1936 |
28 October 2009 |
20 November 2007, Tetiyv Court |
11 November 2011 |
705 |
|
|
60936/09 |
MUDRENOK YEVDOKIYA MYKOLAYIVNA, 1956 |
9 November 2009 |
3 December 2007, Tetiyv Court |
11 November 2011 |
705 |
|
|
8317/10 |
YANKOVENKO PETRO IVANOVYCH, 1944 |
1 February 2010 |
27 November 2007, Tetiyv Court |
11 November 2011 |
705 |
|
|
13326/10 |
BILYK ANDRIY STEPANOVYCH, 1962 |
22 February 2010 |
27 November 2007, Tetiyv Court |
3 October 2011 |
675 |
|
|
20395/10 |
KUDLA VIKTOR GRYGOROVYCH, 1956 |
24 March 2010 |
29 January 2008, Tetiyv Court |
3 October 2011 |
645 |
|
|
20888/10 |
ZHAYVORONYUK PELAGIYA ULYANIVNA, 1932 |
1 April 2010 |
2 April 2009, Bershada Court |
26 October 2010 |
450 |
|
|
24245/10 |
KRAVCHENKO VOLODYMYR IVANOVYCH, 1949 |
20 April 2010 |
22 October 2008, 9 and 13 November 2009, Oleksandriya Court |
8 December 2011 |
540 |
|
|
24281/10 |
TELIPSKA NADIYA DMYTRIVNA, 1938 |
21 April 2010 |
26 September 2008 and 10 November 2009, Oleksandriya Court |
8 December 2011 |
555 |
|
|
24780/10 |
PODOPRIGORA ALEKSANDR IVANOVICH, 1957 |
20 April 2010 |
4 July 2007, Saksaganskyy District Court of Kryvyy Rig and 16 October 2008, Dniprepetrovsk Regional Court of Appeal |
26 October 2011 |
435 |
|
|
43389/10 |
NAZAROV YEVGENIY VLADIMIROVICH, 1971 |
25 July 2010 |
19 March 2001, Kostyantynivka Court |
12 January 2012 |
1,935 |
|
|
50683/10 |
KHARCHENKO VALENTIN NIKOLAYEVICH, 1946 |
6 September 2010 |
14 January 2008, Torez Court (amended on 23 May 2008 by Donetsk Administrative Court of Appeal) and 8 May 2009, Torez Court |
12 October 2011 |
465 |
|
|
55475/10 |
KARPIV OLGA MYKHAYLIVNA, 1986 |
16 September 2010 |
24 September 2009, Chervonograd Court |
12 October 2011 |
300 |
|
|
59336/10 |
FEDCHYSHYNA NINA PETRIVNA, 1928 |
1 October 2010 |
28 August 2008, Kamyanets-Podilsk Court and 12 December 2008, Khmelnytsk Regional Administrative Court |
21 October 2011 |
540 |
|
|
61144/10 |
MASLOV VOLODYMYR IVANOVYCH, 1960 |
12 October 2010 |
8 May 2008 and 17 July 2008, Avtozavodskyy District Court of Kremenchuk;
12 February 2009, Kharkiv Regional Administrative Court of Appeal |
8 December 2011 |
600 |
|
|
61417/10 |
BIBIK PAVLO IVANOVYCH, 1940 |
28 July 2010 |
1 October 2008, Avtozavodskyy District Court of Kremenchuk (amended by Kharkiv Administrative Court of Appeal on 5 February 2009) |
8 December 2011 |
495 |
|
|
61521/10 |
KHRYSTYCH VIKTOR MYKHALOVYCH, 1955 |
20 October 2010 |
27 July 2009, Avtozavodskyy District Court of Kremenchuk |
8 December 2011 |
420 |
|
|
63813/10 |
MASLOVA SVITLANA IVANIVNA, 1962 |
20 October 2010 |
6 May, 2, 10 and 19 September, 14 October 2008 and 10 February 2009, Avtozavodskyy District Court of Kremenchuk |
8 December 2011 |
555 |
|
|
3882/11 |
PYZIN OLEG MIKHAYLOVICH, 1960 |
17 December 2010 |
21 October 2002, Kostyantynivka Court |
12 January 2012 |
1,635 |