THIRD SECTION

DECISION

Application s no s . 5563/08 and 9312/09 Oleg Vladimirovich ILYIN against Russia and Vasiliy Tikhonovich KULIGIN against Russia

The European Court of Human Rights (Third Section), sitting on 13 September 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 s lodged on the various dates indicated in the appended table ,

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicant s ’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against unitary enterprises (GUPs, MUPs) and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”) .

The Government submitted declaration s with a view to resolving the issues raised by these complaints. They acknowledged the violation of the applicants ’ rights guaranteed by the Convention and offered to pay the applicants the amount s detailed in the appended table. They also invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be free of any taxes that may be applicable. They will 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 failure to pay these amounts within the above-mentioned three-month period, the Government undertook 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 case s .

The applicants informed the Court that they agreed to the terms of the declaration s .

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 finds that, following the applicants ’ express agreement to the terms of the declaration made by the Government, the case s 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 s .

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 application s out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 4 October 2018 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1

( non-enforcement or delayed enforcement of domestic decisions

given against unitary enterprises (GUPs, MUPs) and

lack of any effective remedy in domestic law)

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s acceptance

Amount awarded for pecuniary damage per applicant

(in Russian roubles) [1]

Amount awarded for non-pecuniary damage and costs and expenses

per applicant

(in euros) [2]

5563/08

18/12/2007

Oleg Vladimirovich Ilyin

26/01/1952

11/04/2016

13/06/2016

159,752

2,000

9312/09

23/09/2005

Vasiliy Tikhonovich Kuligin

27/02/1937

11/04/2016

31/05/2016

0

1,000

[1] . Plus any tax that may be chargeable.

[2] . Plus any tax that may be chargeable.