THIRD SECTION

DECISION

Application no. 28182/04 Nikolay Aleksandrovich NOVIKOV against Russia

The European Court of Human Rights (Third Section), sitting on 13 December 2018 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 June 2004,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nikolay Aleksandrovich Novikov, is a Russian national who was born in 1960 and lives in Moscow.

The applicant ’ s complaints under Article 6 and Article 1 of Protocol No. 1 to the Convention concerning non-enforcement of final judgments in the applicant ’ s favour were communicated to the Russian Government (“the Government”).

On 3 September 2018 the Government submitted a unilateral declaration with a view to resolving the issues raised by these complaints.

The Government acknowledged a violation of the applicant ’ s rights guaranteed by the Convention. They offered to pay the applicant 6,200 euros as just satisfaction . The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court ’ s decision. In the event of a failure to pay that amount within the above ‑ mentioned three-month period, the Government undertook to pay simple interest on it , 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 would constitute the final resolution of the case. They further requested the Court to strike out the application in accordance with Article 37 § 1 (c) of the Convention.

On 24 October 2018 the applicant informed the Court that he agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

It therefore 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 the continued examination of the application.

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

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 17 January 2019 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President