FOURTH SECTION

DECISION

Application no. 49873/07 Aleksandr Mikhaylovich POLOVIK against Ukraine

The European Court of Human Rights (Fourth Section), sitting on 16 March 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , judges,

and Karen Reid, Section Registrar,

Having regard to the above application lodged on the date indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant ’ s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Ukrainian Government (“the Government”) . Other complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake 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 will constitute the final resolution of the case.

THE LAW

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 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 6 April 2017 .

Karen Reid Vincent A. De Gaetano Registrar President

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

( excessive length of pre-trial detention)

No.

Application no. Date of introduction

Applicant name

Date of birth

Other complaints under well-established case-law

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]

49873/07

03/11/2007

Aleksandr Mikhaylovich Polovik

30/08/1984

Art. 5 (4) - excessive length of judicial review of detention

Art. 6 (1) - excessive length of criminal proceedings

29/08/2016

29/11/2016

4,200

[i] Plus any tax that may be chargeable to the applicant .