ZHURAVLYEV AND OTHERS v. UKRAINE
Doc ref: 2710/07;55487/08;30782/09;240/10;17415/10;28882/10;60462/10;12037/11;63079/12;73059/14;5405/15 • ECHR ID: 001-159808
Document date: December 3, 2015
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FIFTH SECTION
DECISION
Application no. 2710/07 Nikolay Aleksandrovich ZHURAVLYEV against Ukraine and 10 other applications (see appended table)
The European Court of Human Rights (Fifth Section), sitting on 3 December 2015 as a Committee composed of:
Khanlar Hajiyev , President, André Potocki , Síofra O ’ Leary, judges,
and Karen Reid, 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 7 January 2016 .
Karen Reid Khanlar Hajiyev Registrar President
APPENDIX
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]
2710/07
07/12/2006
Nikolay Aleksandrovich ZHURAVLYEV
14/08/1933
10/09/2015
16/09/2015
3,100
55487/08
16/09/2008
Stepan Oleksiyovych PYLYPCHUK
15/11/1953
10/09/2015
31/08/2015
900
30782/09
25/05/2009
Kateryna Volodymyrivna DOROSHENKO
19/05/1957
10/09/2015
16/09/2015
500
240/10
10/12/2009
Oleksandr Stanislavovych BILETSKYY
04/12/1977
10/09/2015
27/05/2015
500
17415/10
19/03/2010
Vladimir Aleksandrovich KOLOMEYETS
27/04/1944
10/09/2015
01/09/2015
2,500
28882/10
06/05/2010
Anatoliy Sergiyovych SYDORENKO
05/07/1938
26/08/2015
20/07/2015
1,200
60462/10
29/09/2010
Olena Petrivna KISELYOVA
17/12/1976
15/09/2015
24/08/2015
3,900
12037/11
08/02/2011
Volodymyr Mykolayovych LISOVOL
30/08/1952
10/09/2015
18/05/2015
3,600
63079/12
25/09/2012
Olga Mykhaylivna SEMYKHAT
27/07/1952
15/09/2015
29/09/2015
1,800
73059/14
11/11/2014
Viktor Vasylyovych GORDIYENKO
08/09/1956
15/09/2015
27/05/2015
1,200
5405/15
18/01/2015
Valeriy Dmytrovych FROLOV
05/05/1953
15/09/2015
22/09/2015
1,200
[i] Plus any tax that may be chargeable to the applicants.