BUZA AND OTHERS v. UKRAINE
Doc ref: 11288/07;11968/09;42681/10;59424/10;69041/10;74580/10;2707/11;36104/11;33620/12;59318/13 • ECHR ID: 001-161779
Document date: March 3, 2016
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FIFTH SECTION
DECISION
Application no. 11288/07 Mikhail Serafimovich BUZA against Ukraine and 9 other applications (see list appended)
The European Court of Human Rights ( Fifth Section ), sitting on 3 March 2016 as a Committee composed of:
Khanlar Hajiyev , President, André Potocki , Síofra O ’ Leary, judges,
and Hasan Bakırcı , A cting 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 annex .
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 24 March 2016 .
Hasan Bakırcı Khanlar Hajiyev Acting Deputy Registrar President
ANNEX
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
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]
11288/07
27/02/2007
Mikhail Serafimovich BUZA
01/01/1942
23/12/2015
20/05/2015
1,200
11968/09
23/02/2009
Aleksandr Anatolyevich VELIGURA
Unknown
20/10/2015
17/11/2015
1,200
42681/10
20/07/2010
Viktor Yakovych DANILOVYCH
20/08/1959
05/01/2016
26/08/2015
1,500
59424/10
04/10/2010
Bogdan Vasylyovych GERUS
10/01/1944
23/12/2015
03/06/2015
1,800
69041/10
11/11/2010
Roman Mykhaylovych DZYADYK
19/05/1951
23/12/2015
20/07/2015
1,800
74580/10
06/12/2010
Lyudmila Vladimirovna STUPAK
06/08/1945
23/12/2015
06/01/2016
2,400
2707/11
28/12/2010
Svetlana Nikolayevna GERMAN
21/10/1955
23/12/2015
08/12/2015
1,800
36104/11
27/05/2011
Yuriy Anatoliyovych BURENKO
31/10/1961
23/12/2015
05/01/2016
1,300
33620/12
22/04/2012
Viktor Petrovych KOVALCHUK
21/02/1952
05/01/2016
11/06/2015
3,600
59318/13
09/09/2013
Volodymyr Dmytrovych KOROL
11/01/1954
23/12/2015
08/12/2015
1,600
[i] Plus any tax that may be chargeable to the applicants.