Lexploria

FIFTH SECTION

DECISION

Application no . 39896/05 Aleksey Fedorovich DEMCHENKO against Ukraine and 81 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 10 April 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 applications lodged on the dates specified in the annexed table ,

Having deliberated, decides as follows:

THE FACTS

The applicants are Ukrainian nationals whose names and dates of birth are specified in the annexed table. The Ukrainian Government (“the G overnment”) were represented by Ms V. Lutkovska , of the Ministry of Justice.

On the dates set out in the table below t he domestic courts and a commission on labour disputes (applications nos. 56567/08 , 26444/09 and 26446/09) ordered the authorities to pay t he applicants various pecuniary amounts or take certain actions in their favour. The decisions in the applicants ’ favour became final , but remain unenforced .

COMPLAINTS

Relying on various provisions of the Convention , the applicants complained about the delayed non-enforcement of the decisions given in their favour. Some of the applicants also raised other complaints under the Convention.

THE LAW

1. The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common factual and legal background.

2. R eferring to the Yuriy Nikolayevich Ivanov pilot judgment ( Yuriy Nikolayevich Ivanov v. Ukraine , no. 40450/04 , ECHR 2009 ‑ ... (extracts)) , the Gover nment submitted to the Court several unilateral declaration s aimed at resolving the non-enforcement is sues raised in the applications. By the above declarations , the Government acknowledge d the excessive duration of the enforcement of the decisions in the applicants ’ f avour and declared that they were ready to pay the applicants the outstanding debts under the decisions and the sum s specified in the annexed table . In some declarations the Government referred to the ex gratia principle of such payment. The Government invited the Court to strike the applications out of the list of cases pursuant to Article 37 § 1 (c) of the Convention.

The Government also declared that the compensation sums were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, that they would be converted into the national currency of the respondent State at the rate applicable on the date of settlement 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 pursuant to Article 37 § 1 of the Convention. In the event of failure to pay these s ums 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 declarations provided that the payment would constitute the final resolution of the cases.

The applicants either disagreed with the declarations on various grounds and requested the Court to pursue the examination of their cases or did not provide any comments.

The Court reiterates that it may at any stage of the proceedings strike an application out of its list of cases where the circumstances lead to the conclusions specified under Article 37 § 1 (a) - (c) of th e Convention . In particular, under A rticle 37 § 1 (c) the Court may s trike a case out of its list if for any other reason established by the Court, it is no longer justified to continue the examination of the application.

Article 37 § 1 in fine states:

“However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and th e protocols thereto so requires ” .

The Court also reiterates that in certain circumstances it may strike out an application under Article 37 § 1 (c) on the basis of a unilateral declaration made by a respondent Government even if the applicant wishes the examination of the case to be continued (see Tahsin Acar v. Turkey (preliminary issue ) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI).

The Court recalls that in its pilot judgment on the issues of non ‑ enforcement it ordered Ukraine to grant redress to the applicants whose applications were communicated to the Government before the delivery of the judgment or would be communicated further to the judgment and concerned complaints about the prolonged non-enforcement of domestic decisions for which the State was responsible (see Yuriy Nikolayevich Ivanov , cited above , § 99 and point 6 of the operative part ). Having examined the terms of the Government ’ s declaration s , the Court understands them as intending to give the applicant s the redress in accordance with the pilot judgment .

The Court is satisfied that the Government explicitly acknowledged the excessive duration of the enforcement of the decisions given in the applicants ’ favour and undertake to pay the outstanding debts , in spite of the fact that in some declarations the Government refer red to ex gratia principle of such payment. It als o notes that the compensation sums offered by the Government are comparable with the amounts awarded in similar cases , taking account , inter alia , specific delay in each particular case .

The Court therefore considers that it is no longer justified to continue the examination of the applicants ’ complaints about the lengthy non-enforcement of domestic decisions . It is also satisfied that respect for human rights as defined in the Convention and the P rotocols thereto does not require it to continue the examination of the se complaints . Accordingly , the applications s hould be struck out of the list in so far as they concern the lengthy non-enforcement of domestic decisions.

3. Having carefully examined the applicants ’ remaining complaints in the light of all the material in its possession , and in so far as the matters complained of are within its competence , the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.

It follows that these parts of the applications are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention

For these reasons, the Court unanimously

Decides to join the applications;

Takes note of the terms of the respondent Government ’ s declaration s in respect of the applicants ’ complaints about the lengthy non-enforcement of the domestic decisions given in their favour ;

Decides to strike the applications out of its list of cases in so far as they relate to the above complaints in accordance with Article 37 § 1 (c) of the Convention;

Declares the remainder of the applications inadmissible.

Stephen Phillips Mark Villiger Deputy Registrar President

APPENDIX

No.

Application

number

Applicant ’ s name , born in

Date of introduction

Domestic decisions about the lengthy non-enforcement of which the applicants complain (name of the court (labour dispute commission), date of decision)

Compensation offered

by the Government ( EUR )

1

39896/05

DEMCHENKO ALEKSEY FEDOROVICH, 1957

2 November 2005

Gagarinskyy District Court of Sevastopol , 12 April 2002 ,

4 February 2003 and 27 October 2003

1,665

2

1220/06

GORETSKA LYUDMYLA MYKOLAYIVNA, 1962

16 December 2005

Kostopil Court , 4 October 2001

795

3

6990/06

BOYCHUK PETRO IVANOVYCH, 1 954

9 January 2006

Ivano-Frankivsk Court , 24 June 2005

1,065

4

13361/06

TYVONENKO MYKOLA DMYTROVYCH, 1951

27 March 2006

Radomyshl Court , 18 June 1999

2,190

5

13386/06

KUZMENKO GENNADIY IL ICH, 1957

11 March 2006

Slovyansk Court , 16 August 1999 , 16 October 2000

1,950

6

27612/06

BARANOV OLEKSIY STEPANOVYCH, 1927

22 June 2006

Bershadsk Court , 2 December 2002

1,320

7

35562/06

ZATZEPILIN VLADIMIR ANATOLYEVICH , 1961

19 August 2006

Leninskyy District Court of Lugansk , 11 April 2001

1,320

8

37762/06

MOVA OLEG OLEKSIYOVYCH, 1957

22 August 2006

Krasnodon Court , 27 July 2004

1,260

9

42505/06

KOLYASNIKOVA TAMARA NIKOLA Y EVNA, 1958

14 October 2006

Donetsk Regional Court of Appeal , 2 April 2004

1,335

10

5004/07

KLIMOV VIKTOR MAKSIMOVI CH, 1936

12 January 2007

Novogrodivka Court , 23 December 2004

1,140

11

5970/07

PROKOFYEV VOLODYMYR OLEKSIYOVYCH, 1954

15 January 2007

Konstyantynivka Court , 5 February 2001

1,410

12

6961/07

GELEMEYEVA GALINA ANDREYEVNA, 1956

26 January 2007

Antratsyt Court , 22 April 2005

1,095

13

7308/07

TERNOVIK ALEKSANDR VASILYEVICH , 1983

12 January 2007

Selydove Court , 5 November 2002

1,530

14

8490/07

TATARENKO IRYNA OLEKSANDRIVNA, 1966

9 February 2007

Oleksandriya Court , 26 November 2004

1,200

15

8948/07

MY K HALCHUK VOLODYMYR YOSYPOVYCH, 1963

8 February 2007

Oleksandriya Court , 26 November 2004

1,200

16

9212/07

PIRKA VALENTYNA PANTELIYIVNA, 1962

8 February 2007

Oleksandriya Court , 6 December 2004

1,200

17

10909/07

RIZUN VASIL IY GRI GOR YEVI CH, 1944

22 July 2007

Pokrovsk Court , 7 October 2004

1,170

18

12930/07

KORNIYENKO VLADIMIR VLADIMIROVICH , 1970

12 March 2007

Voznesensk Court , 26 January 2004

1,305

19

14903/07

1) BARANOV OLEKSIY STEPANOVYCH , 1927 2) BARANOVA POLINA STEPANIVNA, 1936

15 March 2007

Trostyanets Court , 12 June 2001

1,800

20

17217/07

TARASENKO ALEKSANDR SERGEYEVICH, 1949

6 April 2007

Saksaganskyy District Court of Kryvyy Rig, 19 March 2004

1 , 140

21

17733/07

IBRAGIMOV VIKTOR KADERZYANOVICH , 1954

16 April 2007

Stakhaniv Court , 7 November 2003 (2 judgments), 16 January 2006

1,320

22

19334/07

SKOROBUD ALEKSEY GRIGORYEVICH , 1941

26 April 2007

Krasnyy Luch Court , 6 October 2003

1,380

23

21599/07

SARAFANOV N IKOLAY IVANOVICH, 1943

12 March 2007

Krasnyy Luch Court , 28 July 2005 , 18 July 2007

705

24

36016/07

K IRI CHENKO VLADIMIR MAKSIMOVICH , 1947

23 July 2007

Bagliyskyy District Court of Dniprodzerzhynsk , 19 December 2001 ,

29 December 2004, 9 February 2005 and 24 March 2005

(2 judgments)

1,125

25

44547/07

SAVITSKIY V LADIMIR MIKHAYLOVICH , 1963

25 September 2007

Krasnyy Luch Court , 25 December 2003

1 , 335

26

44548/07

VOROBYOVA LIDIYA NIKOLAYEVNA, 1940

25 September 2007

Krasnyy Luch Court , 15 November 2006

795

27

46076/07

TKALENKO YEVGENIY YEGOROVICH , 1940

19 October 2007

Krasnyy Luch Court , 11 October 2000 , 11 September 2002

and 8 February 2006

1,920

28

50976/07

TITOV VLADIMIR PETROVICH, 1951

21 October 2007

Krasnyy Luch Court , 20 April 2005 , 18 December 2006

1,095

29

56287/07

KUT I NSKIY STEPAN MIKHAYLOVI CH, 1948

7 November 2007

Mogyliv-Podilsk Court , 5 December 2005 , 12 April 2006

915

30

2304/08

TYUTYUN MYKHAYLO IVANOVYCH, 1951

29 December 2007

Nova Kakhovka Court , 13 June 1997, 16 December 1997

1,695

31

4042/08

MELNYK PAVLO IVANOVYCH , 1958

3 January 2008

Zakarpattya Regional Commercial Court ,

23 July 2007

480

32

7605/08

ZDROBYLKO MYKOLA STEPANOVYCH, 1964

31 January 2008

Chervonograd Court , 20 May 2002

1,020

33

10939/08

KISELYOV GENNADIY VASILYEVICH , 1927

20 February 2008

Dniprovskyy District Court of Kyiv, 29 November 2006

405

34

12317/08

MIZINA VERA PETROVNA, 1940

15 February 2008

Novogrodivka Court , 16 February 2005

1,095

35

12930/08

RODCHENKO VLADIMIR PETROVICH, 1943

5 March 2008

Krasnyy Luch Court , 20 April 2005

1,095

36

14614/08

GNATENKO LYUDMILA NIKOLAYEVNA, 1965

3 March 2008

Krasnyy Luch Court , 10 June 2005, 31 August 2005

1,080

37

14617/08

KALIBERDA LYUBOV NIKOLAYEVNA, 1959

15 February2008

Slovyansk Court , 4 November 1997 , 15 February 1999

and 25 April 2001

2,445

38

19253/08

SOLIMCHUK TARAS MYKOLAYOVYCH, 1955

8 April 2008

Goshcha Court , 18 January 2006

765

39

21204/08

BELIKOV A NATOLIY NIKOLAYEVICH , 1971

15 April 2008

Krasnyy Luch Court , 23 January 2002

1,680

40

23981/08

BARABASH NIKOLAY FILI P POVICH, 1946

16 May 2008

Volodar Court , 15 November 2006

795

41

24401/08

PRAVDIKOVSKA YA LYUBOV VIKTORO VNA, 1937

30 April 2008

Kovpakiv Court , 10 March 2006

(amended by the Sumy Regional Court of Appeal on 11 May 2006)

930

42

27507/08

LOBODA ZINAIDA IVANOVNA , 1929

20 May 2008

Krasnyy Luch Court , 23 January 2002, 15 March 2006

945

43

27994/08

GALCHUN VITALIY GRIGORYE V I CH, 1949

2 June 2008

Konotop Court , 23 July 2004, 25 June 2005 (the latter amended by the Sumy Regional Court of Appeal on 22 September 2005)

1,245

44

28106/08

AGUNOVICH ANATOLIY NIKOLAYEVICH, 1964

27 May 2008

Krasnyy Luch Court , 3 June 2002

1 , 485

45

28209/08

TKACHENKO NELYA ALEKSEYEVNA, 1964

27 May 2008

Krasnyy Luch Court , 18 July 2005

1 , 020

46

28215/08

FIRSTOV VIKTOR VITALYEVICH, 1959

27 May 2008

Krasnyy Luch Court , 29 January 2003, 29 May 2005

1 , 455

47

28228/08

YAROSHENKO SVETLANA STEPANOVNA, 1970

27 May 2008

Krasnyy Luch Court , 16 June 2005

1,035

48

29873/08

ZINCHENKO ANATOLIY ALEKSEYEVICH, 1949

9 June 2008

Marinskyy District Court of Donetsk Region, 22 December 2006

585

49

35512/08

ILYENKO IVAN PETROVICH, 1926

5 July 2008

Konotop Court , 17 September 2007

480

50

35527/08

ZASTAVSKIY ALEKSANDR IVANOVІСH, 1955

15 July 2008

Krasnyy Luch Court , 19 July 2002 , 28 July 2003 (two judgments)

1,605

51

35539/08

AKIMENKO VLADIMIR YAKOVLEVICH, 1949

15 July 2008

Krasnyy Luch Court , 17 September 2003,

21 July 2004 and 10 August 2005

1,350

52

35567/08

NOVIKOVA TATYANA ALEKSANDROVNA, 1964

15 July 2008

Krasnyy Luch Court , 17 November 2005

960

53

39876/08

ANTIPOV NIKOLAY IVANOVICH, 1954

6 August 2008

Kostyantynivka Court , 11 March 2002

1,485

54

44564/08

SVIDERSKYY STE F AN IVANOVYCH, 1948

4 September 2008

Slovyansk Court , 6 October 1997, 24 May 2002

2,460

55

50250/08

KRUTOUZ OLEG NIKOLAYEVICH, 1965

6 October 2008

Novogrod Court , 8 June 2006

855

56

50771/08

YEVDOKIMENKO MIKHAIL YELISEYEVI CH, 1939

6 October 2008

Krasnyy Luch Court , 2 March 2000 , 12 February 2003

and 1 March 2007

(the latter amended by the Lugansk Regional Court of Appeal of 4 June 2007)

2 , 040

57

50833/08

YAKIMCHUK VALERI Y ANATOLYEVICH, 1962

6 October 2008

Krasnyy Luch Court , 15 June 2005

1,080

58

53604/08

GANISHNYUK YEVGENIY VLADIMIROVICH, 1981

25 October 2008

Krasnyy Luch Court , 24 June 2005 , 14 June 2007

1,035

59

53628/08

MOSKALENKO

SERGEY VLADIMIROVICH

(unspecified)

25 October 2008

Krasnyy Luch Court , 15 June 2005

1,065

60

53634/08

UDOVENKO IVAN DMITRIYEVICH, 1928

25 October 2008

Krasnyy Luch Court , 12 May 2005

1,095

61

55353/08

PRISTAY IVAN VASILYEVICH, 1965

27 October 2008

Ivano-Frankivsk Court , 17 December 2004

1,170

62

55361/08

SMIRNOV YURIY OLEGOVI CH, 1948

23 July2008

Sosnivskyy District Court of Cherkasy , 20 January 2004

1,320

63

55622/08

FENYUK ANATOLIY DMYTROVYCH

(unspecified)

5 November 2008

Glukhiv Court , 6 September 2005

1,035

64

56567/08

PINCHUK ANTONINA NIKOLAYEVNA, 1941

15 November 2008

1) Kostyantynivka Court , 29 November 2000, 12 June 2001

2) Commission on labour disputes, 19 February 2001, 15 May 2001

1,905

65

60784/08

KOZLOV SERGEY VIKTOROVICH, 1958

2 December 2008

Krasnyy Luch Court , 12 October 2004

1,155

66

9757/09

SHUMEYKO

N ATAL YA PAVLO VNA , 1952

30 January 2009

Svitlovodsk Court , 8 April 1999, 16 May 2007

2,190

67

17377/09

MASHKIN

ANDRIY MYKHAYLOVYCH , 1936

10 March 2009

Sverdlovsk Court , 12 September 2003

1,230

68

18409/09

VASILENKO

VALERIY ANDREYEVICH , 1947

23 March 2009

Kostyantynivka Court , 1 February 2001

1,875

69

19555/09

MEDVID

PETRO VASYLYOVYCH , 1946

12 March 2009

Chervonograd Court , 27 November 2003

1,365

70

20683/09

ZAKHAROV

VASILIY ANDREYEVICH , 1938

11 April 2009

Shakhtarsk Court , 12 March 2003 , 10 June 2005 , 1 December 2006 and 3 December 2008

1,455

71

26433/09

SAVCHENKO

KONSTANTIN SERGEYEVICH , 1948

4 March 2009

Slovyansk Court , 5 October 2001

1,770

72

26444/09

SOKOLOVSKA YA

YELENA PETRO VNA , 1970

4 March 2009

1) Slovyansk Court , 29 September 1999 , 4 May 2000 2) Commission on labour disputes , 1 September 2003

2,505

73

26446/09

SOLYANIK

NIKOLAY FI LIP P OVICH , 1932

4 March 2009

1) Slovyansk Court , 21 February 2000 2) Commission on labour disputes , 11 September 2000

2,070

74

27140/09

MEDVEDEV ALEKSANDR DMITRI Y EVICH, 1955

28 April 2009

Lysychanskyy District Court of Lugansk ,

12 February 2008

405

75

30626/09

GORYUNOV

KO N STANTIN GENNADYEVICH , 1965

15 May 2009

Krasnyy Luch Court , 30 July 2001

1,770

76

31315/09

SHEVCHENKO

LYUBOV IGNATYEVNA, 1938

2 June 2009

Krasnyy Luch Court , 17 May 2006

915

77

36429/09

ILCHENKO ANATOLIY MYKHAYLOVYCH , 1954

18 June 2009

Kyiv City Court of Appeal, 22 May 2006

915

78

37154/09

TOLKACHEV

VIKTOR PETROVICH , 1954

24 June 2009

Antratsyt Court , 20 June 2006

900

79

37270/09

GANZHENKO

OLGA GRYGORIVNA , 1958

24 June 2009

Lysychansk Court , 7 February 2005

1,110

80

49316/09

SIRA OLENA MYKOLAYIVNA , 1960

1 September 2009

Zolochivsk Court , 31 July 2007

585

81

1761/10

BOLYAK

N IKOLAY TIMOFEYEVICH , 1947

28 December 2009

Proletarskyy District Court of Donetsk, 30 July 2008

525

82

10105/10

KLIMENCHUK

VIKTOR STEPANOVICH , 1957

11 April 2009

Marganets Court , 15 February 2000

1,980

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DEMCHENKO v. UKRAINE AND OTHER APPLICATIONS

DEMCHENKO v. UKRAINE AND OTHER APPLICATIONS

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