BILOSHAPKA AND OTHERS v. UKRAINE
Doc ref: 67525/09, 21383/10, 64752/10, 72629/10, 1976/11, 4446/11, 28694/11, 33423/11, 23836/13, 42133/13, 53... • ECHR ID: 001-161824
Document date: March 3, 2016
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FIFTH SECTION
DECISION
Application no. 67525/09 Pavlo Gavrylovych BILOSHAPKA against Ukraine and 11 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 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.
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
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]
67525/09
07/12/2009
Pavlo Gavrylovych BILOSHAPKA
21/06/1956
20/10/2015
18/09/2015
2,300
21383/10
27/03/2010
Sergiy Ivanovych BAKHMET
26/07/1956
20/10/2015
29/07/2015
1,200
64752/10
18/10/2010
Oleg Ivanovych NYKONCHUK
09/11/1977
20/10/2015
30/07/2015
3,100
72629/10
15/11/2008
Volodymyr Oleksandrovych KORNIYENKO
13/02/1949
20/10/2015
23/10/2015
900
1976/11
17/12/2010
Andriy Viktorovych MELNYCHUK
12/10/1970
20/10/2015
14/08/2015
1,200
4446/11
15/12/2010
Valeriy Arkadiyovych CHUDOVSKYY
23/02/1956
20/10/2015
20/07/2015
1,200
28694/11
27/04/2011
Oleksandr Mykolayovych DOBROGORSKYY
20/03/1954
20/10/2015
31/07/2015
1,200
33423/11
11/05/2011
Lyubov Vladimirovna BIDASH
13/01/1957
20/10/2015
03/08/2015
1,600
23836/13
11/03/2013
Nadiya Volodymyrivna BUCHMA
Un known
20/10/2015
01/10/2015
1,200
42133/13
18/06/2013
Illya Ivanovych MUNTYAN
24/07/1955
20/10/2015
24/07/2015
1,200
53356/13
13/08/2013
Nina Petrivna LYUBIMOVA
09/01/1948
Olena Volodymyrivna CHERKASOVA
19/07/1960
20/10/2015
14/09/2015
2,400
18173/15
30/03/2015
Tetyana Eduardivna CHURKINA
06/05/1978
20/10/2015
30/09/2015
1,600
[i] Plus any tax that may be chargeable to the applicants.