KUPENKO AND OTHERS v. UKRAINE
Doc ref: 26570/13, 31326/13, 43486/13, 43992/13, 44885/13, 70439/13, 71070/13, 71492/13, 72119/13, 72362/13, ... • ECHR ID: 001-170177
Document date: December 1, 2016
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FIFTH SECTION
DECISION
Application no. 26570/13 Anatoliy Mykolayovych KUPENKO against Ukraine and 37 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 1 December 2016 as a Committee composed of:
Khanlar Hajiyev, President, Faris Vehabović, Carlo Ranzoni, judges, and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Ukrainian nationals; their personal details are set out in the appended table.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr. I. Lishchyna, from the Ministry of Justice.
The facts of the case, as submitted by the parties, may be summarised as follows.
On the dates set out in the appendix national courts held for the applicants and ordered the defendants under these judgments (debtors) to take certain measures or to pay various amounts to the applicants. The applicants claimed that the judgments became binding but the authorities delayed their enforcement. The relevant particular circumstances of the cases are outlined in the appended table.
On 20 January 2015 the applications were communicated to the Ukrainian Government within the pilot judgment procedure taken in the case of Yuriy Nikolayevich Ivanov v. Ukraine ( no. 40450/04 , judgment of 15 October 2009) .
The respondent Government argued that the applications did not comply with the admissibility criteria of the Convention and invited the Court to declare them inadmissible.
The applicants disagreed.
COMPLAINTS
The applicants, referring mostly to Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1, complained about the delayed enforcement of judgments in their favour. Additionally, several applicants raised other complaints, mainly challenging the alleged unfairness, outcome and duration of the proceedings before the domestic courts. Some of the applicants also raised other complaints relying on Articles 1, 2, 3, 8, 10, 14 and 17 of the Convention.
THE LAW
The Court first considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common legal background.
A. Complaints related to protracted non-enforcement
1. Application no. 74110/14 and 76098/14
The Court notes that in the application no. 74110/14 the Kharkiv Administrative Court of Appeal on 12 October 2012 quashed the judgment of the Konotop Local Court of Sumy Region dated 29 September 2011 in the applicant ’ s favour. The applicant did not appeal in cassation.
The Court further notes that, after the judgment mentioned above had been quashed, the obligation of the State to enforce it ended.
The Court finally notes that the applicant lodged his complaint before the Court on 14 November 2014 and thus, more than six months from the date of the final judgment of the court of appeal. Therefore the applicant ’ s complaint as to the lengthy non-enforcement of the judgment adopted by the Konotop Local Court of Sumy Region of 29 September 2011 was raised too late.
The Court observes that in the application no. 76098/14 the judgment of the Malynovskyy District Court of Odesa of 17 November 2009 in the applicant ’ s favour was enforced on 27 April 2012. The Court notes, however, that the applicant lodged his complaint before the Court on 25 November 2014 and thus, more than six months from the date of the judgment ’ s enforcement.
Given the above, the Court declares these applications inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention.
2. Applications nos. 43486/13, 44885/13, 70439/13, 71492/13, 72119/13, 75876/13, 77702/13, 80659/13, 3431/14, 13326/14, 14390/14, 16109/14, 16170/14, 16288/14, 30806/14, 34658/14, 71983/14
The Court notes that in the present cases the amounts of the outstanding debt due to the applicants are not higher than EUR 200 and the applicants did not submit any arguments or evidence to suggest that the delay in the payment of such awards had a significant impact on their personal lives.
The Court has previously found a lack of “significant disadvantage” in the cases, where delay concerned the payment of a relatively small award: the amount in question was equal to or less than sums up to EUR 200 (see, for example, Svystun v. Ukraine (dec.), no. 58915/16 and two other applications, 3 November 2016).
The Court further notes that in the present cases delay in enforcement concerned the payment of monthly allowances and pension supplements that do not constitute the primary source of revenue for the applicants.
The Court finds therefore that in present cases the applicants did not suffer any significant disadvantage as a result of the non-enforcement of the final judgments.
The Court also notes that “respect for human rights”, as defined in the Convention and the Protocols thereto, does not require examination of the present complaints on the merits, as the problem of non-enforcement of final decisions has already been addressed in the Court ’ s pilot judgment against Ukraine adopted in the case of Yuriy Nikolayevich Ivanov v. Ukraine cited above and in a number of other cases examined against Ukraine under “the well-established case-law procedure” (see, for instance, Khvorostyanoy and Others v. Ukraine [Committee], nos. 54552/09 and foll., 25 July 2013; Shchukin and Others v. Ukraine [Committe e], nos. 59834/09 and foll., 13 February 2014; Shtefan and Others v. Ukraine [Commi ttee], nos. 36762/06 and foll., 31 July 2014, etc.).
Finally, the Court considers that the applicants ’ cases were duly considered by domestic tribunals within the meaning of Article 35 § 3 (b) with the decisions favourable to the applicants.
In view of the foregoing, the Court concludes that the complaints should be rejected as inadmissible in accordance with Article 35 §§ 3 (b) and 4 of the Convention.
3. Applications nos. 1261/14 and 52242/14
The Court notes that the applicants complain of non-enforcement of the final and binding judgments awarding social benefits to them. These judgments were not enforced due to changes in domestic legislation, in particular the Resolution of the Cabinet of Ministers no. 745. The Court examined similar complaints in the case Velikoda v. Ukraine ( no. 43331/12, § 21, decision of 3 June 2014) and concluded that “the Government ’ s obligation to ensure enforcement of the judgments ended when the amended legislation was applied to the applicant ’ s social payments”. It finds no reason for reaching a different conclusion in the present cases.
These applications must therefore be declared inadmissible, as being manifestly ill-founded, pursuant to Article 35 §§ 3 (a) and 4 of the Convention.
4. Applications nos. 26570/13, 31326/13, 43992/13, 71070/13, 72362/13, 77751/13, 78161/13, 2452/14, 6652/14, 7311/14, 12611/14, 15005/14, 57516/14, 63976/14, 65737/14, 78600/14, 70/15
The Court observes that in the present cases the judgments of a monetary award against the State body were enforced within a period which lasted less than one year. It recalls that appropriations for the payment of State debts may cause some delay in the enforcement of judgments from the Government ’ s budget (see Voytenko v. Ukraine , no. 18966/02, § 42, 29 June 2004). In cases against Ukraine, it has held that short delays of less than a year were not so excessive as to raise an arguable claim under Article 6 § 1 of the Convention (see, for example, Kornilov and Others v. Ukraine (dec.), no. 36575/02, 7 October 2003). The Court finds no reason to come to a different conclusion in the circumstances of the present cases.
These applications must therefore be rejected pursuant to Article 35 §§ 3 (a) and 4 of the Convention as being manifestly ill-founded.
B. Other complaints raised by the applicants
Several applicants raised also other complaints. In particular, referring to Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1, they challenged the outcome, alleged unfairness and duration of the proceedings before the domestic courts. They also raised other complaints under Articles 1, 2, 3, 8, 10, 14 and 17 of the Convention.
However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols and should be declared inadmissible in accordance with Article 35 §§ 1, 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 20 December 2016 .
Hasan Bakırcı Khanlar Hajiyev Deputy Registrar President
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth (if known)
Place of residence
Nationality
Final domestic decision details
26570/13
06/04/2013
Anatoliy Mykolayovych KUPENKO
17/03/1941
Brovary
Ukrainian
Brovary Local Court of Kyiv Region, 12/11/2010
31326/13
19/04/2013
Yuriy Mykolayovych FEDOTENKO
12/12/1957
Mariupol
Ukrainian
Ordzhonikidzevskyy Local Court of Mariupol, 04/02/2011
43486/13
26/06/2013
Stepan Petrovych KUCHERYAVYY
16/08/1944
Boyarka
Ukrainian
Kyyevo-Svyatoshynskyy Local Court of Kyiv Region, 15/04/2011
43992/13
27/11/2012
Mykola Ivanovych OMELCHUK
04/06/1951
Kovel
Ukrainian
Kovel Local Court of Volyn Region, 22/08/2011
44885/13
05/07/2013
Oleksandr Yosypovych SERGEYEV
23/04/1944
Kyiv
Ukrainian
Dniprovskyy Local Court of Kyiv, 14/01/2011, as amended by Kyiv Administrative Court of Appeal, 08/08/2011 and by Higher Administrative Court of Ukraine, 22/03/2013
70439/13
31/10/2013
Valentyn Andriyovych LITOVCHENKO
17/04/1944
Kryvyy Rig
Ukrainian
Ternivskyy Local Court of Kryvyy Rig, 13/09/2011
71070/13
31/10/2013
Vyacheslav Alekseyevich LYSENKOV
05/02/1973
Dnipropetrovsk
Ukrainian
Pecherskyy Local Court of Kyiv, 16/07/2002
71492/13
01/11/2013
Valentyna Oleksiyivna RATUSHNA
04/07/1937
Kryvyy Rig
Ukrainian
Ternivskyy Local Court of Kryvyy Rig, 04/05/2011
72119/13
07/11/2013
Vasiliy Vasilyevich CHEPURNOY
Cherkasy
Ukrainian
Prydniprovskyy Local Court of Cherkasy, 27/01/2012
72362/13
09/11/2013
Vladimir Vasilyevich TSYGANOK
07/01/1950
Kryvyy Rig
Ukrainian
Ternivskyy Local Court of Kryvyy Rig, 13/08/2010
75876/13
26/11/2013
Petro Mytrofanovych ALEKSYEYEV
17/03/1939
Kherson
Ukrainian
Komsomolskyy Local Court of Kherson, 09/09/2011
77702/13
04/11/2013
Nadiya Ivanivna BEDNOVA
28/12/1938
Kherson
Ukrainian
Kherson Regional Administrative Court, 23/11/2009
77751/13
11/11/2013
Dmytro Ivanovych KOTLYAR
05/11/1948
Berezan
Ukrainian
Berezan Local Court of Kyiv Region, 21/06/2010
78161/13
25/11/2013
Mykola Stepanovych PANKRATOV
Mariupol
Ukrainian
Ordzhonikidzevskyy Local Court of Mariupol, Donetsk Region, 14/06/2010
80659/13
05/12/2013
Valentyna Mykhaylivna ANOKHINA
09/10/1937
Kherson
Ukrainian
1. Suvorovskyy Local Court of Kherson, 01/09/2011
2. Komsomolskyy Local Court of Kherson, 04/02/2011, as amended by Odesa Administrative Court of Appeal, 06/03/2012
1261/14
25/12/2013
Sergiy Vasylyovych KOSHKIN
04/07/1953
Novooleksandrivka
Ukrainian
Synelnykove Local Court of Dnipropetrovsk Region, 31/12/2010, as amended by Dnipropetrovsk Administrative Court of Appeal, 07/06/2011
2452/14
13/12/2013
Nila Oleksiyivna SHEVCHENKO
15/02/1950
Kotsyubynske
Ukrainian
Irpin Local Court of Kyiv Region, 17/05/2010
3431/14
19/12/2013
Nadiya Vasylivna KIMALOVA
14/08/1938
Kherson
Ukrainian
Suvorovskyy Local Court of Kherson, 10/01/2011
6652/14
12/12/2013
Mykola Grygorovych DERID
26/11/1938
Mariupol
Ukrainian
Prymorskyy Local Court of Mariupol, 04/08/2010
7311/14
12/12/2013
Oleksiy Stepanovych SHKROMADA
Ruda
Ukrainian
Lebedyn Local Court of Sumy Region, 28/02/2011
12611/14
12/03/2014
Viktor Mykhaylovych PARKHOMENKO
04/10/1939
Mariupol
Ukrainian
Illichivskyy Local Court of Mariupol, 03/04/2009, as amended by Donetsk Administrative Court of Appeal, 14/05/2009
13326/14
17/01/2014
Anatoliy Oleksandrovych POLYANSKYY
29/08/1938
Kherson
Ukrainian
Kherson Regional Administrative Court, 21/10/2009, as amended by Kherson Regional Court of Appeal, 15/04/2011
14390/14
04/02/2014
Mykola Ivanovych YURCHENKO
18/05/1939
Gostomel
Ukrainian
Irpin Local Court of Kyiv Region, 17/03/2011
15005/14
07/03/2014
Nina Yakivna ZYUZINA
24/03/1935
St. Krym
Ukrainian
1. Illichivskyy Local Court of Mariupol, 13/04/2009
2. Illichivskyy Local Court of Mariupol, 24/03/2010
3. Illichivskyy Local Court of Mariupol, 13/08/2010
16109/14
04/04/2014
Oksana Stepanivna KRASOVSKA
01/10/1939
Cherepyn
Ukrainian
Tetiyiv Local Court of Kyiv Region, 15/11/2010
16170/14
18/04/2014
Mariya Pavlivna KOVALSKA
01/01/1937
Telizhentsi
Ukrainian
Tetiyiv Local Court of Kyiv Region, 12/11/2010
16288/14
02/04/2014
Mariya Vasylivna BURLAKA
01/01/1944
Mykhaylivka
Ukrainian
Tetiyiv Local Court of Kyiv Region, 11/11/2010
30806/14
11/04/2014
Tetyana Valentynivna MOSKALENKO
11/06/1980
Pidgaytsi
Ukrainian
Lutsk Local Court of Volyn Region, 19/07/2010
34658/14
23/04/2014
Galyna Volodymyrivna PEREVERTUN
31/07/1940
Kherson
Ukrainian
Dniprovskyy Local Court of Kherson, 19/11/2010
52242/14
11/07/2014
Galyna Yevgenivna MARYNYCH
29/04/1957
Uzyn
Ukrainian
Bila Tserkva Local Court of Kyiv Region, 11/03/2011
57516/14
10/08/2014
Nataliya Veniaminivna MEZHEVCHUK
05/01/1950
Odesa
Ukrainian
Prymorskyy Local Court of Odesa, 04/12/2012
63976/14
11/09/2014
Nadiya Oleksiyivna VITCHYNKINA
05/03/1952
Berezan
Ukrainian
Berezan Local Court of Kyiv Region, 23/12/2009
65737/14
27/09/2014
Lyudmyla Ivanivna MAZURENKO
02/02/1977
Odesa
Ukrainian
Malynovskyy Local Court of Odesa, 06/11/2013
71983/14
24/10/2014
Mariya Karpivna DUBNYTSKA
04/03/1937
Gostomel
Ukrainian
Irpin Local Court of Kyiv Region, 31/12/2010
74110/14
14/11/2014
Yuriy Ivanovich DAVYDENKO
25/10/1968
Konotop
Ukrainian
Konotop Local Court of Sumy Region, 29/09/2011
76098/14
25/11/2014
Bernard Zelmanovich FISHMAN
16/04/1927
Odesa
Ukrainian
Malynovskyy Local Court of Odesa, 17/11/2009
78600/14
11/12/2014
Nikolay Fedorovich ORLOV
01/01/1949
Odesa
Ukrainian
Odesa Administrative Court of Appeal, 24/11/2010
70/15
06/12/2014
Leonid Vasilyevich TSOKOL
03/01/1951
Odesa
Ukrainian
Prymorskyy Local Court of Odesa, 17/02/2011