MILUKH AND OTHERS v. UKRAINE
Doc ref: 4199/09;66809/14;77028/14;78674/14;9235/15;49164/15;52621/15;62338/15 • ECHR ID: 001-169722
Document date: November 17, 2016
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FIFTH SECTION
DECISION
Application no. 4199/09 Tetyana Ediksonivna MILUKH against Ukraine and 7 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 17 November 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 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”) . In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 8 December 2016 .
Hasan Bakırcı Khanlar Hajiyev 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
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 / household
(in euros) [i]
4199/09
16/01/2009
Tetyana Ediksonivna MILUKH
05/03/1961
12/09/2016
07/10/2016
2,400
66809/14
01/11/2014
Mykhaylo Mykolayovych KOPACH
28/08/1953
12/09/2016
03/06/2016
1,200
77028/14
17/11/2014
Nadiya Vasylivna YAROVYK
21/05/1959
12/09/2016
08/06/2016
1,200
78674/14
28/03/2014
(1 household)
Household
Oleg Oleksandrovych KOSTYUK
22/04/1965
Nataliya Ivanivna KOSTYUK
05/10/1969
12/09/2016
19/09/2016
2,400
9235/15
06/03/2015
Petro Yakovych LATYUK
04/06/1961
Art. 6 (1) - non-enforcement or delayed enforcement of domestic decisions;
Prot. 1 Art. 1 - interference with peaceful enjoyment of possessions
- Lengthy non-enforcement of the decision of 12 March 2012 (Yarmolyntsi District Court), enforceable from 19 November 2014, and 9 November 2011 (Krasyliv District Court), enforceable from 27 May 2015, against the local State Court Administration concerning payment of compensation and salary arrears.
10/10/2016
01/08/2016
2,600
49164/15
25/09/2015
Sergiy Dmytrovych KOZHYN
09/02/1961
12/09/2016
19/04/2016
3,600
52621/15
07/10/2015
Vasyl Vasylyovych MAKSYM
17/09/1957
12/09/2016
29/04/2016
1,200
62338/15
08/12/2015
(1 applicant and 1 household)
Ruslan Mykolayovych YANCHUK
30/05/1975
Household
Galyna Petrivna YANCHUK
26/11/1951
Lyudmyla Mykolayivna VASILOPULOS
03/11/1978
Mykola Vasylyovych YANCHUK
10/04/1947
12/09/2016
21/06/2016
2,300
[i] Plus any tax that may be chargeable to the applicants.