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NOSAL AND NOVOKHATSKYY v. UKRAINE

Doc ref: 55637/19;6014/20 • ECHR ID: 001-206705

Document date: November 19, 2020

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NOSAL AND NOVOKHATSKYY v. UKRAINE

Doc ref: 55637/19;6014/20 • ECHR ID: 001-206705

Document date: November 19, 2020

Cited paragraphs only

FIFTH SECTION

DECISION

Application s no s . 55637/19 and 6014/20 Anatoliy Oleksiyovych NOSAL against Ukraine and Dmytro Mykolayovych NOVOKHATSKYY against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 19 November 2020 as a Committee composed of:

Ivana Jelić , President, Ganna Yudkivska , Arnfinn Bårdsen , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and lack of an effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) .

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant s agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

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

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 10 December 2020 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

( excessive length of criminal proceedings )

No.

Application no. Date of introduction

Applicant ’ s name

Year of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses

per applicant

(in euros) [1]

55637/19

15/10/2019

Anatoliy Oleksiyovych NOSAL

1960

21/09/2020

31/07/2020

1,200

6014/20

16/11/2019

Dmytro Mykolayovych NOVOKHATSKYY

1992Pisnyy Maksym Volodymyrovych

Dnipro

21/09/2020

07/05/2020

1,200

[1] Plus any tax that may be chargeable to the applicants.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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