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KOLESNIK v. UKRAINE AND OTHER APPLICATIONS
Doc ref: 41975/11;1527/12;44661/11;45131/11;53849/11;58840/11;67823/11 • ECHR ID: 001-115665
Document date: December 4, 2012
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KOLESNIK v. UKRAINE AND OTHER APPLICATIONS
Doc ref: 41975/11;1527/12;44661/11;45131/11;53849/11;58840/11;67823/11 • ECHR ID: 001-115665
Document date: December 4, 2012
Cited paragraphs only
FIFTH SECTION
DECISION
Application no . 4 1975 /11 Vladimir Aleksandr ovich KOLESNIK against Ukraine and 6 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 4 December 2012 as a Committee composed of:
Boštjan M. Zupančič , President, Ann Power-Forde , Helena Jäderblom , judges, and Stephen Phillips , Deputy Section Registrar ,
Having regard to the above applications lodged on the dates specified in the appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
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, Mr Nazar Kulchytskyy , of the Ministry of Justice.
The applicants complained under Article 6 § 1 of the Convention about the excessive length of their civil proceedings. The applicants also raised other complaints.
On the dates set out in the appendix 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 respective amounts in euros set out in the appendix to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses. These sums will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable to the applicants. They 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 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 (Article 37 § 1 in fine of the Convention). 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 Boštjan M. Zupančič Deputy Registrar President
APPENDIX
No
Application no., applicant ’ s name,
date of birth and
place of residence
Lodged on
Dates friendly settlement declarations received from the parties
Sum under friendly settlement declaration ( euros )
41975/11
Vladimir
Aleksandrovich
KOLESNIK
12/08/1952 , Nikopol
30/06/2001
Government – 29/08/2012
Applicant – 12/09/2012
900
44661/11
Lidiya
Fedorivna
MARYNOVSKA
12/08/1945 , Odessa
14/07/2001
Government – 29/08/2012
Applicant – 12/09/2012
900
45131/11
Fyodor Leonidovich KRAKATITSA
05/02/1949 , Kiliya
04/07/2011
Government – 25/06/2012
Applicant – 05/06/2012
1,200
53849/11
Volodymyr Ivanovych TRYALIN
10/08/1950 , Dnipropetrovsk
12/08/2011
Government – 19/06/2012
Applicant – 29/06/2012
1,200
58840/11
Leonid Sergiyovych MAZHAR
02/02/1975 , Kyiv
09/09/2011
Government – 03/07/2012
Applicant – 23/05/2012
3,000
67823/11
Valeriy Volodymyrovych STOYANOVSKYY
23/07/1963 , Kryvy Rig
20/10/2011
Government – 25/06/2012
Applicant – 20/06/2012
1,800
1527/12
Olga Grygorivna FEDYK
01/01/1941 , Lviv
22/12/2011
Government – 03/07/2012
Applicant – 06/07/2012
3,600
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