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MIKHAYLENKO v. UKRAINE AND OTHER APPLICATIONS
Doc ref: 41367/11;43438/11;46256/11;53454/11;62156/11;67830/11 • ECHR ID: 001-113960
Document date: September 25, 2012
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MIKHAYLENKO v. UKRAINE AND OTHER APPLICATIONS
Doc ref: 41367/11;43438/11;46256/11;53454/11;62156/11;67830/11 • ECHR ID: 001-113960
Document date: September 25, 2012
Cited paragraphs only
FIFTH SECTION
DECISION
Application no . 41367/11 Svetlana Aleksandrovna MIKHAYLENKO against Ukraine and 5 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 25 September 2012 as a Committee composed of:
Mark Villiger , President, André Potocki , Paul Lemmens , 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 Agents, Ms Valeria Lutkovska and 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 would 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 strike the applications out of its list of cases.
Stephen Phillips Mark Villiger 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)
41367/11
Svetlana Aleksandrovna MIKHAYLENKO
11/10/1963
Lugansk
29/06/2011
Government – 07/06/2012
Applicant – 14/03/2012
3,600
43438/11
Alla Petrivna PUCHKOVA
11/03/1952
Kharkiv Region
07/07/2011
Government – 30/03/2012
Applicant – 07/02/2012
600
46256/11
Yevstakhiy Petrovych LESNYANSKYY
25/03/1940
Drogobych
14/07/2011
Government – 17/04/2012
Applicant – 01/03/2012
600
53454/11
Ivan Fomych
ZABURANNYY
Odes s a
Tetyana Ivanivna ZABURANNA
Odes s a
17/08/2011
Government – 17/04/2012
Applicant – 05/04/2012
6,400
62156/11
Svetlana Valentinovna
Norina
02/06/1972
Cherkassy
19/09/2011
Government – 30/03/2012
Applicant – 02/02/2012
2,800
67830/11
Tamara Sergiyivna VLASOVA
17/05/1954
Rivne
25/10/2011
Government – 17/04/2012
Applicant – 27/03/2012
1,200
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