BUBENETS AND OTHERS v. UKRAINE
Doc ref: 57684/16;57686/16;57688/16;57690/16;2244/17;17904/17;19967/17 • ECHR ID: 001-178731
Document date: October 19, 2017
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FIFTH SECTION
DECISION
Application no. 57684/16 Iryna Georgiyivna BUBENETS against Ukraine and 6 other applications (see appended table)
The European Court of Human Rights (Fifth Section), sitting on 19 October 2017 as a Committee composed of:
Nona Tsotsoria, President, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) .
The Court received friendly-settlement declarations under which the applicants 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 cases 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 9 November 2017 .
Liv Tigerstedt Nona Tsotsoria Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of civil proceedings and lack of any effective remedy in domestic law)
No.
Application no. Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [i]
57684/16
23/09/2016
Iryna Georgiyivna Bubenets
08/09/1971
08/09/2017
10/04/2017
500
57686/16
23/09/2016
Gennadiy Anatoliyovych Bubenets
07/02/1968
08/09/2017
10/04/2017
500
57688/16
23/09/2016
Danylo Gennadiyovych Bubenets
21/03/2001
08/09/2017
10/04/2017
500
57690/16
23/09/2016
Oleksiy Georgiyovych Kostyuchenko
24/07/1977
08/09/2017
10/04/2017
500
2244/17
20/12/2016
Svitlana Ivanivna Kalugina
24/08/1946
Denys Sergiyovych Kucherenko
Zaporizhzhya
08/09/2017
04/09/2017
3,600
17904/17
25/02/2017
Anna Sergeyevna Nikodim
09/03/1998
08/09/2017
24/05/2017
2,100
19967/17
27/02/2017
Sergey Vasilyevich Nikodim
01/01/1964
08/09/2017
29/05/2017
2,100
[i] Plus any tax that may be chargeable to the applicants.