Roman v. Ukraine and Other Applications

FIFTH SECTION

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

1 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.

2 The Government submitted several unilateral declarations with a view to settling the applicants’ cases. By the declarations, the Government acknowledged the excessive duration of the enforcement of the applicants’ judgments and declared that they were ready to pay to the applicants the outstanding judgement debts and the compensation sums specified in the annexed table. In some declarations the Government referred to the ex gratia principle of such payment. The Government invited the Court to strike the applications out of the list of cases pursuant to Article 37 § 1 (c) of the Convention.

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 number

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