CASE OF ROBOTA AND OTHERS v. UKRAINE
Doc ref: 7158/04, 10657/07, 1082/07, 12106/07, 12239/05, 1325/08, 14749/08, 15057/06, 15158/06, 17775/08, 184... • ECHR ID: 001-115882
Document date: January 17, 2013
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FIFTH SECTION
CASE OF ROBOTA AND OTHERS v. UKRAINE
(Application no. 7158/04 and 88 other applications)
JUDGMENT
This version was rectified on 4 March 2013
under Rule 81 of the Rules of Court
STRASBOURG
17 January 2013
This judgment is final. It may be subject to editorial revision.
In the case of Robota v. Ukraine ,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Boštjan M. Zupančič , President, Ann Power-Forde, Helena Jäderblom , judges, and Stephen Phillips , Deputy Section Registrar ,
Having deliberated in private on 18 December 2012 ,
Having noted that the underlying question in the applications is already the subject of well-established case-law of the Court and that the parties had the ample opportunity to comment on it and on any other aspects of the case,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1 . The case originated in 89 applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 90 Ukrainian nationals and companies based in Ukraine, whose details are specified in the annexed tables (“the applicants”).
2 . In the course of the proceedings Ms N. Khaknazarova (application no. 61133/08) died ; her husband, Mr O. Khaknazarov , and her daughter , Ms O. Khaknazarova , expressed the wish to pursue the application.
3 . The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskyy , of the Ministry of Justice.
4 . The applications, which mainly concern the issues of lengthy non-enforcement of domestic decisions given in the applicants ’ favour, were communicated to the Government on various dates. The Government have submitted observations concerning some of the applications. Having been initially adjourned in accordance with the Yuriy Nikolayevich Ivanov pilot judgment (see Yuriy Nikolayevich Ivanov v. Ukraine , no. 40450/04 , ECHR 2009 ‑ ... (extracts)), the proceedings in the applications were resumed in February 2012 (for further details see Kharuk and others v. Ukraine [Committee], no.703/05, §§ 4-6, 26 July 2012 )
5 . On various dates the Government submitted to the Court unilateral declarations concerning all the present applications, and requested the Court to strike the applications out of the list of cases pursuant to Article 37 § 1 (c) of the Convention on the basis of the declarations. The Court examined the declarations and decided to reject the Government ’ s requests.
THE FACTS
I. Non-enforcement issues
6 . On the dates set out in the annexed tables domestic courts and commissions on labour disputes delivered decisions according to which the applicants were entitled to various pecuniary amounts and/or to have certain actions taken in their favour. The decisions became enforceable. However, the applicants were unable to obtain the enforcement of the decisions in due time because of th e authorities ’ failure to take specific budgetary or regulatory measures, of the introduction of bans on the attachment and sale of property belonging to State-owned or controlled companies, or because of the bailiffs ’ omissions.
II. Other matters
7 . Some of the applicants also made submissions concerning factual and legal matters unrelated to the above non-enforcement issues.
THE LAW
I. JOINDER OF THE APPLICATIONS
8. In view of the similarity of the applications in terms of the principal legal issues raised, the Court finds it appropriate to join them.
II. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION AND OF ARTICLE 1 OF PR O TOCOL No. 1
9. The applicants complained about the lengthy non-enforcement of the decisions given in their favour and about the lack of effective domestic remedies in respect of those complaints. They relied, expressly or in substance, on Articles 6 and 13 of the Conve ntion and Article 1 of Protocol No. 1 which read, in so far as relevant, as follows:
Article 6
“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] tribunal ...”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law ...
Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
A. Admissibility
10. The Court notes that the applicants ’ above complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.
B. Merits
11. The Court notes that the decisions in the applicants ’ favour remained unenforced for lengthy periods of time, for which the authorities were responsible.
12. The Court reiterates that it has already found violations of the Convention in similar cases (see Kharuk and others , cited above, §§ 17-19 ).
13. Having examined all the material in its possession, the Court finds no fact or argument capable of persuading it to reach a different conclusion in the present cases.
14. There has accordingly been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 on account of the prolonged non-enforcement of the decisions in the applicants ’ favour and a violation of Article 13 of the Convention in that the applicants did not have an effective domestic remedy to redress the damage created by such non-enforcement.
III. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
15. Some of the applicants raised other complaints under the Convention which the Court has carefully examined. 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.
16. It follows that those complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
17. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
A. Damage, costs, and expenses
18. In line with the approach applied in Kharuk and others (cited above, §§ 23-27), the Court considers it reasonable and equitable to award 3,000 euros (EUR) to each applicant in the applications which concern non-enforcement delays exceeding three years (the applications tabulated in Annex 1) and EUR 1,500 to each applicant in the other applications (the applications tabulated in Annex 2). These sums are to cover any pecuniary and non-pecuniary damage, as well as costs and expenses.
19. The Court further notes that the respondent State has an outstanding obligation to enforce the decisions which have not been enforced .
B. Default interest
20. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Decides to join the applications;
2. Declares the applicants ’ complaints under Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1 about the lengthy non-enforcement of the decisions given in their favour and about the lack of effective domestic remedies in respect of those complaints admissible and the remainder of the applications inadmissible;
3. Holds that there has been a violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1;
4. Holds that there has been a violation of Article 13 of the Convention;
5. Holds
(a) that the respondent State is to enforce the domestic decisions in the applicants ’ favour which have not been enforced and is to pay, within three months, EUR 3,000 (three thousand euros ) to each applicant or his or her estate in the applications tabulated in Appendix 1 and EUR 1,500 (one thousand five hundred euros ) to each applicant or his or her estate in the applications tabulated in Appendix 2 in respect of pecuniary and non-pecuniary damage, and costs and expenses, plus any tax that may be chargeable to the applicants on the above amounts which are to be converted into the national currency at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English , and notified in writing on 17 January 2013, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips BoÅ¡tjan M. Zupančič Deputy Registrar President
APPENDIX 1
(non-enforcement delays more than three years)
No.
Application
no. and date of introduction
Applicant ’ s name
and date of birth (if known)
Enforceable domestic decisions
7158/04
09/01/2004
Anna Ilyinichna ROBOTA
13/02/1949
12/04/2001,
Bagliyskyy District Court of Dnipropetrovsk
09/12/2004,
Bagliyskyy District Court of Dnipropetrovsk
31923/04
25/08/2004
Oleg Mykolayovych KUTSENKO
28/11/1959
23/03/2001,
Bagliyskiy District Court of Dniprodzerzhynsk
15/03/2004,
Bagliyskiy District Court of Dniprodzerzhynsk
38211/04
12/10/2004
LABORATORY FOR SCIENTIFIC RESEARCH AND ECONOMIC PLANNING. PP
18/12/2000, Higher Arbitration Court
12239/05
21/03/2005
BRIVT, MPP
05/09/2002,
Commercial Court of Sumy Region
23753/05
16/06/2005
LAZURNYY BEREG, TOV
13/07/2000, Crimea Commercial Court
21/12/2001, Crimea Commercial Court
21/12/2001, Crimea Commercial Court
21/12/2001, Crimea Commercial Court
33109/05
19/08/2005
Tatyana Anatolyevna LEZHNEVA
1959
17/02/2003, Pavlograd Court
35928/05
22/09/2005
1) Aleksandr Vasilyevich NAZARENKO
15/11/1963
2) Vasiliy Dmitriyevich LAZAREV
24/12/1953
1) 21/03/2000, Hartzyzsk Court
2) 09/03/2000, Hartzyzk Court
44158/05
21/11/2005
Valeriy Aleksandrovich POKHODOSHCHUK
29/07/1956
15/03/2005, Sevastopol Harrison Court
13/06/2005, Sevastopol Harrison Court
21/06/2007, Gagarinskyy District Court of Sevastopol
2590/06
30/12/2005
Oleksandr Vasylyovych DUBONOS
19/08/1960
10/11/2003, Chervonograd Court
7492/06
01/02/2006
Aleksandr Mikhaylovich PROKOPENKO
25/05/1958
22/06/1999, Yenakieve Court
01/03/2001, Yenakieve Court
8658/06
22/02/2006
Aleksandr Grigoryevich GRABOVOY
12/02/1966
27/05/2005,
Prymorskyy District Court of Odessa
19232/06
06/04/2006
Tetyana Volodymyrivna KRASNOSHAPKA
29/10/1963
12/08/2003, Lokhvytsya Court, as amended by the Poltava Regional Court of Appeal on 27/07/2005
23103/06
30/05/2006
Volodymyr Petrovych BOYANYTSKYY
25/11/1952
19/11/2003, Chervonograd Court
30682/06
06/07/2006
Roman Vasylyovych VORONKA
10/02/1958
19/11/2003, Chervonograd Court
32801/06
26/07/2006
Vladimir Ivanovich TELEGIN
03/01/1940
05/04/2004,
Donetsk Regional Commercial Court
34380/06
01/08/2006
Viktoriya Dmytrivna SEMENOVA
12/02/1934
13/12/2004, Dzerzhynsk Court
35075/06
12/08/2006
Valentyn Pylypovych MIROSHNICHENKO
12/08/1954
26/06/2004, Dobropillya Court
36979/06
30/08/2006
SNEZHNYANSKIY ZAVOD KHIMICHNOGO MASHYNOBUDUVANNYA, VAT
24/10/2000, Zaporyzhzhya Regional Arbitration Court
07/06/2001, Donetsk Regional Arbitration Court
24/03/2005, Dnipropetrovsk Regional Court of Appeal
42929/06
07/09/2006
PROMETEY-2000, PP
14/04/2003,
Kyiv City Commercial Court of Appeal
44612/06
24/10/2006
Yuriy Yuryevich STEPANOV
06/07/1972
16/01/2006, Sudak Court
45692/06
24/10/2006
Svetlana Yuryevna VYSKREBETS
05/10/1966
16/01/2006, Sudak Court
1082/07
11/12/2006
Svitlana Ilarionivna KOSTOGRYZ
03/02/1954
29/10/2002, Krukivskyy District Court of Kremenchuk , as amended on 18/03/2004 by the Poltava Regional Court of Appeal
2514/07
01/12/2006
Lyubov Ivanovna STEPANOVA
29/09/1944
16/01/2006,
Sudak Court , as amended on 20/09/2006
4943/07
18/09/2006
Yuriy Stanislavovich MIZIN
18/05/1963
28/05/2005, Novogrodivka Court
7753/07
02/02/2007
Aleksandr Fyodorovich KUZMICH
11/03/1989
08/06/2005, Stanychno-Luganskyy Court
8135/07
02/02/2007
Mykola Frankovych MATUSEVYCH
27/05/1960
05/05/2005, Zhytomyr Harrison Court
10657/07
21/02/2007
Valentin Ivanovich SURATOV
10/06/1936
30/08/2006, Tokmak Court
12106/07
28/02/2007
Anatoliy Nikolayevich PRYADKO
17/06/1953
06/12/2000,
Saksaganskyy District Court of Kryvyy Rig
12/12/2002,
Saksaganskyy District Court of Kryvyy Rig
20094/07
11/04/2007
Viktor Sergeyevich BORDUN
15/02/1941
19/02/2001, Nova Kakhovka Court
21518/07
20/04/2007
Volodymyr Ivanovych GRYSHCHENKO
17/12/1941
08/04/2003, Gorlivka Court
22067/07
30/04/2007
Raisa Petrovna CHERNYSH
15/10/1958
17/11/1998, Nakhimovskiy District Court of Sevastopol, 02/08/1999, Nakhimovskiy District Court of Sevastopol 24/03/2005, Sevastopol Court of Appeal
22909/07
04/05/2007
Igor Yevgenovych RUSANOV
20/10/1962
21/11/2002, Mykytivskyy District Court of Gorlivka [1]
23977/07
16/05/2007
Vladimir Pavlovich DENISENKO
20/09/1949
07/02/2006, Nikopol Court
27445/07
18/06/2007
Vyacheslav Viktorovich ZHVAKIN
24/10/1949
21/12/1998, Yevpatoriya Court
29/11/2006, Yevpatoriya Court
28831/07
29/05/2007
REAL NK, PP
12/04/2005, Kherson Regional Commercial Court
29858/07
05/07/2007
Fyodor Fyodorovich GRECHKO
12/05/1951
12/06/2005, Primorskyy District Court of Odessa
10/07/2007, Primorskyy District Court of Odessa
19/10/2007, Primorskyy District Court of Odessa
23/07/2008, Primorskyy District Court of Odessa
30884/07
09/07/2007
Svetlana Konstantinovna LYSYUK
15/03/1956
19/12/2005,
Donetsk Regional Commercial Court
33577/07
16/07/2007
Vasiliy Gavrilovich DOGOT
11/02/1960
25/12/2002,
Chervonogvardiysk District Court of Makyiyvka
37285/07
16/08/2007
Valentina Mikhaylovna PASHINSKAYA
24/04/1941
23/10/2000, Novogrodivka Court
39220/07
27/08/2007
Sergey Sergeyevich SIVASHOV
01/03/1950
09/08/2002, Krasnyy Luch Court
27/10/2004, Krasnyy Luch Court
18/11/2004, Krasnyy Luch Court
39225/07
01/08/2007
Mikhail Aleksandrovich KAPUSTIN
31/07/1978
26/01/2006, Sudak Court
39564/07
29/08/2007
Aleksandr Pavlovich OZERYANSKIY
07/06/1949
18/04/2002, Krasnyy Luch Court
22/11/2004, Krasnyy Luch Court
41632/07
16/06/2007
Yuriy Ivanovich GAVRISHOV
unspecified
07/12/2001, Yevpatoriya Court
29/06/2004, Yevpatoriya Town Court
41709/07
14/09/2007
Oleksandr Mykolayovych PYSARENKO
23/04/1958
05/10/2006, Lubny Court
48374/07
06/11/2007
Alla Vasilyevna KUCHINSKAYA
25/05/1949
20/09/1999, Ovruch Court
53239/07
23/11/2007
Sergey Nikolayevich MIKHNOVSKIY
21/09/1954
07/07/1997,
Saksaganskiy District Court of Kryvyy Rih
08/07/1998,
Saksaganskiy District Court of Kryvyy Rih
27/03/2001,
Saksaganskiy District Court of Kryvyy Rih
03/02/2003,
Saksaganskiy District Court of Kryvyy Rih
54478/07
19/11/2007
Volodymyr Dmytrovych BASHEY
02/04/1969
06/11/2001, Vugledar Court
795/08
10/12/2007
Mykhaylo Mykolayovych SHTAYER
15/05/1958
21/03/2003,
Kharkiv Regional Commercial Court
1325/08
26/12/2007
Sergiy Mykhaylovych PAVLYUK
30/09/1962
21/05/2002, labour disputes commission
21/06/2002, Nova Kakhovka Court
19/02/2003, Nova Kakhovka Court
4851/08
16/01/2008
Valeriy Ananyevich GOLOVIN
unspecified
14/05/2007, Feodosiya Court
14749/08
28/02/2008
Atanaziy Atanaziyovych STELMAKH
17/02/1956
02/03/2004, Chervonograd Court
17775/08
03/04/2008
Volodymyr Petrovych PAZYNICH
21/12/1955
25/05/2007, Oleksandria Court
18439/08
03/04/2008
Volodymyr Oleksandrovych BARSKYY
20/04/1956
06/07/2006, Golovanivsk Court
28976/08
07/06/2008
Ludmila Grigoryevna ALMIZOVA
09/02/1950
30/03/2007, Krasnyy Luch Court
28988/08
07/06/2008
Irina Sergeyevna MANDRIK
23/12/1963
21/05/2007, Krasnyy Luch Court
30306/08
11/06/2008
Lyudmila Grigoryevna MOTRICH
26/06/1953
11/12/2002,
Dniprovskyy District Court of Kherson
30414/08
15/06/2008
Andriy Anatoliyovych IVANYSHCHUK
09/04/1977
23/09/2005,
Suvorovskyy District Court of Kherson
33743/08
13/06/2008
Aleksandr Dmitriyevich SHALUN
20/06/1972
12/04/2005,
Prymorskyy District Court of Odessa
34893/08
04/07/2008
Iryna Fedorivna KRASNIKOVA
13/10/1963
06/11/2001,
Kirovskyy District Court of Kirovograd
35546/08
15/07/2008
Vasiliy Viktorovich VINOGRADOV
05/04/1948
18/05/2005, Krasnyy Luch Court
35552/08
15/07/2008
Valentina Ilinichna LICHUK
01/06/1937
16/06/2005, Krasnyy Luch Court
06/02/2006, Krasnyy Luch Court
36775/08
23/07/2008
Vladimir Mironovich NIKOLAYCHUK
22/07/1938
21/12/2006,
Sosnivskyy District Court of Cherkasy
37105/08
17/06/2008
Yuriy Ashuriyevich RADZHABOV
06/10/1963
01/06/2005, Krasnyy Luch Court
39374/08
24/07/2008
Valentina Ivanovna RUSAK
01/01/1962
19/04/2006, Myrgorod Court
39562/08
06/08/2008
Vladimir Dmitriyevich BELOLAPOTKOV
27/04/1950
07/08/2006, Oleksandriya Court
16/11/2006, Oleksandriya Court
39703/08
11/06/2008
Georgiy Georgiyovych KARLOV
02/01/1947
18/12/2006,
Leninskyy District Court of Mykolayiv
41601/08
22/08/2008
Yevgeniy Nikolayevich MOTYREV
27/10/1949
06/04/2007, Krasnyy Luch Court
46828/08
20/09/2008
Vitaliy Antanasovych PAULAUSKAS
31/01/1970
12/12/2006, Selydiv Court
49992/08
08/10/2008
Viktor Iosifovich GRIBOVSKIY
05/01/1951
18/08/2003, Nova Kakhovka Court
15/04/2005, Nova Kakhovka Court
14/04/2006, Nova Kakhovka Court
03/07/2008, Nova Kakhovka Court
51718/08
13/10/2008
Rashyd Teymur-Ogly MAMEDOV
16/02/1966
22/09/2005, Poltava Regional Court of Appeal
53622/08
25/10/2008
Vladimir Vasilyevich GANISHNYUK
19/01/1959
12/06/2002, Krasnyy Luch Court
24/06/2005, Krasnyy Luch Court
14/06/2007, Krtasnyy Luch Court
53647/08
25/10/2008
Valentina Petrovna BARABASH
16/06/1940
22/02/2002, Krasnyy Luch Court
15/10/2003, Krasnyy Luch Court
24/06/2005, Krasnyy Luch Court
24/06/2005, Krasnyy Luch Court
14/06/2007, Krasnyy Luch Court
54464/08
30/10/2008
Lyudmyla Vasylivna KOVAL
03/10/1958
07/12/2007,
Vinnytsya Administrative Court
57381/08
17/11/2008
INTERKON, TOV
21/01/2003,
Khmelnytskyy Regional Commercial Court
58299/08
04/11/2008
Aleksandr Vasilyevich BUDYLKO
17/04/1938
11/12/2007, Kupyansk Court
61133/08
06/12/2008
Natalya Volodymyrivna KHAKNAZAROVA
14/11/1961
30/05/07, Feodosiya Court
20/06/07, Feodosiya Court
as amended by the Crimea Court of Appeal on
18/09/2007 and by the Supreme Court on 20/ 08/08 [2]
3062/09
29/12/2008
Viktor Ivanovich ZAMIUSSKIY
06/10/1957
17/09/2007, Antratsyt Court , amended by the Luhansk Regional Court of Appeal on 04/12/2007
3279/09
06/12/2008
Oleg Ibragimovych KHAKNAZAROV
27/03/1961
06/05/2008, Commercial Court of Crimea
5190/09
14/01/2009
Yeva Vasylivna FOKIY
02/02/1975
22/06/2007,
Sadgirskyy District Court of Chernivtsi
APPENDIX 2
(non-enforcement delays less than three years)
No.
Application
no. and date of introduction
Applicant ’ s name
and date of birth (if known)
Enforceable domestic decisions
2025/05
28/12/2004
Viktor Viktorovych MELNYK
14/07/1959
22 /10/2002,
Vyshgorod Court , became enforceable on 04/02/03 and was enforced on 28/10/05
2385/05
04/01/2005
Pavlo Ivanovych MALYUTA
01/01/1961
23/10/2003,
Lenynskyy District Court of Kirovograd, became enforceable on 24/02/2004 and was quashed on 17/10/2006
30864/05
13/08/2005
Yevgeniy Petrovich SHYNKARYOV
02/07/1952
15/03/2005,
Kyiv Military Harrison Court , enforced by 05/01/2007
31062/05
12/08/2005
Yuriy Ivanovich NAGOGA
13/12/1955
30/09/2004,
Lebedyn Court , enforced on 24/05/2006
15057/06
06/04/2006
Nadezhda Vladimirovna PARKHOMENKO
10/05/1954
14/11/2005,
Novokakhovka Court , enforced on 11/07/2008
15158/06
04/04/2006
Valentina Nikolayevna BOYKO
08/02/1949
15/11/2005 (court order),
Novokakhovka Court , enforced on 11/07/2008
32723/06
10/07/06
Dmytro Myklayovych SHURUTA
27/04/1980
29/11/2005,
Dzerzhynsk Court , enforced on 23/11/2007
2707/07
28/12/2006
Viktor Ivanovych PEDORYA
09/07/1949
20/03/2006,
Oleksandriya Court , enforced on 22/01/2008
28983/08
07/06/2008
Viktor Vasilyevich SERDYUKOV
16/04/1956
03/07/2007,
Krasnyy Luch Court , enforced on 30/04/2009
802/09
13/12/2008
Oleksandr Oleksandrovych LIFANOV
03/05/1963
11/03/2008,
Vugledar Court , enforced on 26/11/2010
[1] . Rectified on 4 March 2013 ; the text read “ Gorlivka Court ”.
[2] . Rectified on 4 March 2013 ; the text read “ 22/08/08 ”.