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SOFYIN AND OTHERS v. RUSSIA

Doc ref: 57172/08;25156/13;48540/16 • ECHR ID: 001-175607

Document date: June 15, 2017

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SOFYIN AND OTHERS v. RUSSIA

Doc ref: 57172/08;25156/13;48540/16 • ECHR ID: 001-175607

Document date: June 15, 2017

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 57172/08 Maksim Anatolyevich SOFYIN against Russia and 2 other applications (see appended table)

The European Court of Human Rights (Third Section), sitting on 15 June 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, 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 Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”) .

The Court received friendly-settlement declarations under which the applicants 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 cases out of the list as regards the complaints concerning the applicants ’ absence from civil proceedings .

In application no. 25156/13 the applicant also raised a complaint under Article 6 of the Convention, concerning another set of the civil proceedings, which were not included in the friendly settlement negotiations between the parties.

The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.

It follows that this part of application no. 25156/13 must be rejected in accordance with Article 35 § 4 of the Convention.

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 as regards the complaints concerning the applicant ’ s absence from civil proceedings ;

Declares the remainder of the application no. 25156/13 inadmissible.

Done in English and notified in writing on 6 July 2017 .

Liv Tigerstedt Luis López Guerra              Acting Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

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) [1]

57172/08

21/10/2008

Maksim Anatolyevich Sofyin

28/03/1980

19/04/2016

07/03/2017

1,500

25156/13

13/03/2013

Andrey Vladimirovich Yesyunin

08/12/1976

30/09/2016

10/01/2017

1,500

48540/16

09/08/2016

Mikhail Viktorovich Kosmachev

17/06/1974

03/04/2017

24/02/2017

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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