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KOCHERGIN AND OTHERS v. RUSSIA

Doc ref: 62899/10;62865/11;34346/17 • ECHR ID: 001-186998

Document date: September 13, 2018

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KOCHERGIN AND OTHERS v. RUSSIA

Doc ref: 62899/10;62865/11;34346/17 • ECHR ID: 001-186998

Document date: September 13, 2018

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 62899/10 Sergey Aleksandrovich KOCHERGIN against Russia and 2 other applications (see appended table)

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 formal declaration s accepting a friendly settlement of the cases,

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 of the Convention concerning the applicant ’ s absence from civil proceedings were communicated to the Russian Government (“the Government”) .

The Court received friendly-settlement declarations under which the applicant s agreed to waive any further claims against Russia 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 4 October 2018 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

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 declaration

Amount awarded for non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

62899/10

30/09/2010

Sergey Aleksandrovich Kochergin

22/06/1960

15/01/2018

05/01/2018

1,500

62865/11

16/09/2011

Anatoliy Anatolyevich Gubin

29/10/1984

15/01/2018

18/12/2017

1,500

34346/17

26/04/2017

Anna Ivanovna Moshina

16/12/1989

15/01/2018

17/11/2017

1,500

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

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

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