KRAYNYK AND OTHERS v. UKRAINE
Doc ref: 7375/08;30898/08;32454/08;19593/09;56230/09;38148/11;47415/11;26213/14;26219/14;3089/15 • ECHR ID: 001-164939
Document date: June 16, 2016
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FIFTH SECTION
DECISION
Application no. 7375/08 Mykhaylo Tykhonovych KRAYNYK against Ukraine and 9 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 16 June 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 eighth and ninth applicants were represented by Mr Viktor Anatoliyovych Korenga , a lawyer practising in Lutsk.
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 7 July 2016 .
Hasan Bakırcı Khanlar Hajiyev Deputy Registrar President
APPENDIX
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]
7375/08
01/02/2008
Mykhaylo Tykhonovych KRAYNYK
24/07/1948
05/01/2016
16/11/2015
900
30898/08
14/06/2008
Alla Nikolayevna GUSEYNOVA
17/07/1961
05/01/2016
07/12/2015
900
32454/08
17/06/2008
Svetlana Ilyinichna SMIRNOVA
29/08/1949
05/01/2016
22/03/2016
900
19593/09
14/03/2009
Mykola Semenovych ANDRUSHCHENKO
02/12/1946
17/03/2016
02/02/2016
1,700
56230/09
06/10/2009
Tamara Mykolayivna ZAKHARKO
10/08/1950
17/03/2016
03/03/2016
1,200
38148/11
13/06/2011
Aleksandr Iosifovich RUBAKHA
25/07/1950
17/03/2016
23/12/2015
2,100
47415/11
08/07/2011
Aleksandr Iosifovich RUBAKHA
25/07/1950
17/03/2016
22/12/2015
600
26213/14
26/03/2014
Iryna Mykhaylivna KUTSENKO
03/04/1972
Viktor Anatoliyovych Korenga
Lutsk
17/03/2016
09/02/2016
600
26219/14
26/03/2014
Alla Yevgenivna KUTSENKO
05/04/1954
Viktor Anatoliyovych Korenga
Lutsk
17/03/2016
09/02/2016
600
3089/15
17/12/2014
Nataliya Andriyivna KLYMENKO
14/08/1955
17/03/2016
23/02/2016
1,600
[i] Plus any tax that may be chargeable to the applicants.