FIFTH SECTION

DECISION

Application no . 22826/11 Viktoriya Oleksandrivna MALITSKA against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 11 December 2012 as a Committee composed of:

Angelika Nußberger , President, André Potocki , Aleš Pejchal , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 1 April 2011,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Viktoriya Oleksandrivna Malitska, is a Ukrainian national, who was born in 1970 and lives in Kyiv. She was represented before the Court by Mr O.V. Levytskyy, a lawyer practising in Kyiv.

The Ukrainian Government (“the Government”) were represented by their Agent, Mr Nazar Kulchytskyy.

The applicant complained under Articles 2, 6 and 13 of the Convention about the length and alleged ineffectiveness of the domestic investigation into the death of her son as a result of a traffic accident.

On 24 September and 9 November 2012 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 her 3,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to her, which will be converted into the Ukrainian currency at the rate applicable on the date of payment. 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.

Stephen Phillips Angelika Nußberger Deputy Registrar President