Kruk v. Ukraine

FIFTH SECTION

Applications nos. 8735/07, 42278/07, 42281/07, 42284/07, 42286/07, 42289/07 and 45647/07 by Volodymyr Vasylyovych KRUK and 6 others against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 27 April 2010 as a Chamber composed of:

Peer Lorenzen, President, Renate Jaeger, Karel Jungwiert, Mark Villiger, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva, judges, Mykhaylo Buromenskiy, ad hoc judge, and Claudia Westerdiek, Section Registrar,

Having regard to seven applications lodged between 5 February and 9 October 2007,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The applications were lodged by seven Ukrainian nationals (for more details concerning the applications and the friendly settlement declarations received, see the Annex). The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.

The applicants complained about and on account of non-enforcement of the final judgments given in their favour.

On various dates the Court received friendly settlement declarations signed by the parties under which 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 the debts still owed to them under various judgments and various sums in euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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. These sums 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.

Claudia Westerdiek Peer Lorenzen Registrar President

Annex

No.

Case number/Name/

Date of lodging

The Applicant's date of birth and place of residence

Provisions invoked

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

Pecuniary aspects of the friendly settlements

1.

8735/07

KRUK ,

Volodymyr Vasylyovych

5 February 2007

1954,

Lviv Region

Articles 6 § 1 and 13 and Article 1 of Protocol No. 1

24 November 2009 and

22 December 2009

Debt still owed to the applicant under the judgment of the Chervonograd Court of 3 October 2005 and

EUR 1,100

2.

42278/07

PEREVYAZKO ,

Tatyana Vasilyevna

31 August 2007

1970,

Lugansk Region

Article 6 § 1 and Article 1 of Protocol No. 1

3 December 2009 and

18 January 2010

Debt still owed to the applicant under the judgments of the Krasnyy Luch Court of 23 April 2003 and 1 June 2005 and EUR 2,500

3.

42281/07

DOGADINA ,

Olga Maratovna

31 August 2007

1960,

Lugansk Region

Debt still owed to the applicant under the judgments of the Krasnyy Luch Court of 26 February 2003 and 12 May 2005 and EUR 2,800

4.

42284/07

SKORIK ,

Galina Nikolayevna

31 August 2007

1970,

Lugansk Region

Debt still owed to the applicant under the judgments of the Krasnyy Luch Court of 23 April 2003 and 5 June 2005 and EUR 2,500

5.

42286/07

STETSYUK ,

Raisa Fedorovna

31 August 2007

1952,

Lugansk Region

Debt still owed to the applicant under the judgments of the Krasnyy Luch Court of 10 May and 23 June 2005 and EUR 1,700

6.

42289/07

GERASIMOVA ,

Lidiya Romanovna

31 August 2007

1947,

Lugansk Region

Debt still owed to the applicant under the judgment of the Krasnyy Luch Court of 16 May 2005 and

EUR 1,300

7.

45647/07

ROMANOVA ,

Galina Vladimirovna

9 October 2007

1968,

Donetsk Region

Article 6 § 1

18 November 2009 and

22 December 2009

Debt still owed to the applicant under the judgment of the Snizhne Court of 12 April 2006 and EUR 900