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SHPYCHKA AND OTHERS v. UKRAINE

Doc ref: 3817/10;27588/10;29527/10;49548/10;10299/13;56514/13 • ECHR ID: 001-164993

Document date: June 16, 2016

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SHPYCHKA AND OTHERS v. UKRAINE

Doc ref: 3817/10;27588/10;29527/10;49548/10;10299/13;56514/13 • ECHR ID: 001-164993

Document date: June 16, 2016

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 3817/10 Vasyl Volodymyrovych SHPYCHKA against Ukraine and 5 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 observations submitted by the respondent Government,

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”) .

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 as regards the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law .

The second applicant in application no. 29527/10 and the applicant in application no. 49548/10 also raised other complaints under various articles of the Convention.

The Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications 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 excessive length of civil proceedings and the lack of any effective remedy in domestic law ;

Declares the part of application no. 29527/10 concerning the complaints of Mr Golikov and the remainder of application no. 49548/10 inadmissible.

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

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]

3817/10

14/01/2010

Vasyl Volodymyrovych SHPYCHKA

27/10/1955

22/12/2015

21/03/2016

3,600

27588/10

30/04/2010

Aleksandr Petrovich BUGA

01/06/1942

05/04/2016

08/04/2016

6,200

29527/10

15/05/2010

Taisiya Nikolayevna BONDARENKO

05/11/1948

Aleksandr Ivanovich GOLIKOV

06/12/1962

05/04/2016

02/09/2015

900(first applicant only)

49548/10

12/07/2010

Mykola Grygorovych SHYLO

01/03/1947

05/04/2016

11/08/2015

1,200

10299/13

29/01/2013

Olga Anatolyevna LADNOVA

29/03/1960

05/04/2016

17/09/2015

4,200

56514/13

29/08/2013

Anna Vasilyevna MIKHTUNETS

11/03/1951

05/04/2016

22/10/2015

1,800

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

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