Meshcheryakov and Others v. Ukraine

FIFTH SECTION

CASE OF MESHCHERYAKOV AND OTHERS v. UKRAINE (Applications nos. 40944/07, 32571/08, 13062/09, 37697/09 and 55020/09)

The European Court of Human Rights (Fifth Section), sitting on 10 May 2011 as a Committee composed of:

Boštjan M. Zupančič, President, Ganna Yudkivska, Angelika Nußberger, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to five applications,

Having regard to the formal declarations accepting friendly settlements of the cases,

Having deliberated, decides as follows:

PROCEDURE

The applications were lodged by five Ukrainian nationals (for more details concerning the applications and the friendly settlement declarations received, see Annex). The Ukrainian Government (“the Government”) were represented by their Agent, Mrs V. Lutkovska.

The applicants complained under Article 6 § 1 of the Convention about the length of the court proceedings in their cases. Some also raised other complaints under Articles 3, 6 §§ 1-3 (c), 8 and 14 of the Convention, Article 1 of Protocol No. 1 and Article 1 of Protocol No. 12.

On various dates, the Court received friendly settlement declarations signed by the parties. Under those declarations, the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to the applications against an undertaking by the Government to pay the applicants various sums in euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses.

The above sums will be converted into Ukrainian hryvnia at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights.

In the event of failure to pay these sums within the said three-month period, the Government undertake 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 payments will constitute the final resolution of the cases.

THE LAW

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common factual and legal background.

The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court unanimously

Decides to join the applications and to strike them out of its list of cases.

Stephen Phillips Boštjan M. Zupančič Deputy Registrar President

Annex

No.

Case number/Name/

Date of lodging

The Applicant’s date of birth and place of residence

Dates of receipt by the Court of the Applicant’s and the Government’s declarations

Pecuniary aspects of the friendly settlements

1.

40944/07

MESHCHERYAKOV , Artur Yevgenyevich

23 August 2007

1989, Donetsk

14 October 2010 and 6 January 2011

1,700 EUR

2.

32571/08

PAYUSOV ,

Viktor Anatolyevich 24 June 2008

1952, Kharkiv

3 November 2010 and 5 January 2011

3,500 EUR

3.

13062/09

BLINOV ,

Leonid Mikhaylovich

20 February 2009

1951, Donetsk Region

22 November 2010 and 4 January 2011

1,700 EUR

4.

37697/09

BACHIN ,

Anatoliy Georgiyevich

25 June 2009

1934, Dnipropetrovsk

15 November 2010 and 4 January 2011

2,200 EUR

5.

55020/09

ZINCHENKO ,

Yuriy Aleksandrovich

3 September 2009

1961, Kryvyy Rig

10 November 2010 and 4 January 2011

1,700 EUR