FIFTH SECTION

DECISION

Application no . 27317/08 Svitlana Andriyivna DOVGOPOL against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 25 September 2012 as a Committee composed of:

Mark Villiger , President, Karel Jungwiert , André Potocki , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 30 May 2008,

Having regard to the friendly settlement of the case between the parties,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Svitlana Andriyivna Dovgopol , is a Ukrainian national, who was born in 1965 a nd lives in Manevychi , Volyn Region.

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

The applicant complained, in particular, under Article 6 § 1 of the Convention that she had been deprived of access to court in respect of her claim against a social security authority.

On 7 June 2012 the Court received a friendly settlement declaration signed by the Government under which it offered to pay the applicant ex gratia 1,500 euros as compensation to cover any pecuniary and non-pecuniary damage, as well as costs and expenses, with a view to securing a friendly settlement in the case in exchange for her agreement to waive any further claims against Ukraine in respect of the facts giving rise to this application. The declaration further stated that this amount would be converted into Ukrainian hryvnias at the rate applicable on the date of payment, and would be free of any 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.

On 12 July 2012 the Court received the applicant ’ s letter of 4 July 2012 stating that she accepted the Government ’ s declaration.

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 Mark Villi ger              Deputy Registrar President