BIDASH AND OTHERS v. UKRAINE
Doc ref: 194/12;69052/12;2098/13;7018/13;15242/13;19258/13 • ECHR ID: 001-142548
Document date: March 25, 2014
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FIFTH SECTION
DECISION
Application no . 194/12 Aleksandr Mikhaylovich BIDASH against Ukraine and 5 other applications (see list appended)
The European Court of Human Rights ( Fifth Section ), sitting on 25 March 2014 as a Committee composed of:
Angelika Nußberger , President, Ganna Yudkivska , André Potocki , judges , and Stephen Phillips , Deputy Section Registrar ,
Having regard to the above applications lodged on the various dat es stated in the annexed table ,
Having regard to the formal declarations accepting a friendly settlement of the cases submitted on the various dates stated in the annexed table ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Ukrainian Government (“the Government”) were represented by their Agent .
The applicants complained under Articles 6 § 1 and 13 of the Convention about the length of proceedings.
The applications were communicated to the Government.
On the various dates stated in the annexed table the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the amounts detailed in the annexed table to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment, and would be free of any taxes that might be applicable. The sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook 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
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 applications. In view of the above, it is appropriate to strike the case s 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.
Stephen Phillips Angelika Nußberger Deputy Registrar President
Appendi x
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Date of declaration
(Government)
Date of declaration
(Applicant)
Sum awarded
194/12
27/11/2011
Aleksandr Mikhaylovich BIDASH
07/08/1960
Obytochne
Ukrainian
Represented by
Ivan Maksymovych SAYENKO
02/12/2013
17/10/2013
1,200 EUR
69052/12
18/10/2012
Vasyl Vasylyovych SEMKOVYCH
27/05/1963
Ivano-Frankivsk
Ukrainian
02/12/2013
23/10/2013
2,400 EUR
2098/13
20/12/2012
Svetlana Yuryevna KOZYAKOVA
01/10/1959
Kryvy Rig
Ukrainian
02/12/2013
22/10/2013
1,500 EUR
7018/13
15/01/2013
Valentina Nikolaevna PEREVERZEVA
11/10/1953
Kiliya
Ukrainian
01/11/2013
07/10/2013
1,200 EUR
15242/13
04/02/2013
Irina Petrovna MOROZOVA
26/02/1957
Yelanets
Ukrainian
02/12/2013
29/09/2013
4,800 EUR
19258/13
22/02/2013
Andrey Vyacheslavovich ZAKHAROV
27/02/1967
Donetsk
Ukrainian
02/12/2013
20/09/2013
1,200 EUR