FIFTH SECTION

DECISION

Application no . 43121/09 Vyacheslav Andriyovych SHEVCHUK against Ukraine

The European Court of Human Rights ( Fifth Section ), sitting on 3 March 2015 as a Committee composed of:

Vincent A. D e Gaetano , President, Ganna Yudkivska , André Potocki , judges, and Milan Blaško , Deputy S ection Registrar ,

Having regard to the above application lodged on 29 July 2009 ,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vyacheslav Andriyovych Shevchuk , is a Ukrainian national, who was born in 1947 and lives in Lutsk. He was represented before the Court by Mr I.G. Pavlov , a lawyer practising in Kyiv .

The Ukrainian Government (“the Government”) were represented by their then Agent, Mrs N. Sevostianova .

The applicant complained under Articles 6 § 1 and 13 of the Convention about excessive length of the civil proceedings in his cases .

On 28 May 2014 and 17 December 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay him 900 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the local currency at the rate applicable on the date of payment, and will be free of a ny taxes that may be applicable . It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 case.

THE LAW

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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 26 March 2015 .

Milan Blaško Vincent A. D e Gaetano Deputy Registrar President