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PASICHNYK AND OTHERS v. UKRAINE

Doc ref: 48791/06;15041/07;38357/08;4883/09 • ECHR ID: 001-157930

Document date: September 17, 2015

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PASICHNYK AND OTHERS v. UKRAINE

Doc ref: 48791/06;15041/07;38357/08;4883/09 • ECHR ID: 001-157930

Document date: September 17, 2015

Cited paragraphs only

FIFTH SECTION

DECISION

Application no . 48791/06 Viktor Mykolayovych PASICHNYK against Ukraine and 3 other applications (see list appended)

The European Court of Human Rights ( Fifth Section ), sitting on 17 September 2015 as a Committee composed of:

Angelika Nußberger , President , Boštjan M. Zupančič , Vincent A. De Gaetano, 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 criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) . In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

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 8 October 2015 .

Karen Reid Angelika Nußberger Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention ( excessive length of criminal proceedings and lack of any effective remedy in domestic law)

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]

48791/06

01/11/2006

Viktor Mykolayovych PASICHNYK

25/02/1955

Prot. 4 Art. 2 ( 1 ) – excessive length of obligation not to abscond

15/06/2015

03/06/2015

4,700

15041/07

21/03/2007

Iryna Vasylivna YANOSH

10/03/1946

18/06/2015

27/05/2015

6,600

38357/08

30/07/2008

Nikolay Ivanovich STEPANOV

22/05/1965

18/06/2015

18/06/2015

1,200

4883/09

16/01/2009

Maksym Anatoliyovych KRYVDA

08/06/1982

18/06/2015

19/06/2015

500[i] Plus any tax that may be chargeable to the applicant(s)

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