CASE OF ALPATOV AND OTHERS v. UKRAINE
Doc ref: 7321/05, 10033/07, 10704/07, 11074/07, 12100/10, 12476/10, 12803/09, 13333/05, 13589/09, 1391/11, 14... • ECHR ID: 001-115304
Document date: December 18, 2012
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FIFTH SECTION
CASE OF ALPATOV AND OTHERS v. UKRAINE
(Application no. 7321/05 and 107 other applications)
JUDGMENT
This version was rectified on 4 February 2013
under Rule 81 of the Rules of Court
STRASBOURG
18 December 2012
This judgment is final. It may be subject to editorial revision.
In the case of Alpatov and others v. Ukraine ,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Angelika Nußberger , President, André Potocki , Aleš Pejchal , judges, and Stephen Phillips , Deputy Section Registrar ,
Having deliberated in private on 27 November 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 108 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 118 Ukrainian nationals and companies based in Ukraine, whose details are specified in the annexed tables (“the applicants”).
2 . The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskyy , of the Ministry of Justice.
3 . 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 have been resumed in February 2012 (for further details see Kharuk and others v. Ukraine [Committee], no.703/05, §§ 4-6, 26 July 2012 ).
4 . 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. THE CIRCUMSTANCES OF THE CASE
A. Non-enforcement issues
5 . 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 the authorities ’ failure to take specific budgetary or regulatory measures, because 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.
B. Other matters
6 . 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
7 . 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 PRTOCOL No. 1
8 . 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 Convention 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
9 . 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
10 . The Court notes that the decisions in the applicants ’ favour remained unenforced for lengthy periods of time, for which the authorities were responsible.
11 . The Court reiterates that it has already found violations of the Convention in similar cases (see Kharuk and others , cited above, §§ 17-19 ).
12 . 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.
13 . 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
14 . 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.
15 . 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
16 . 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
17 . In line with the approach applied in Kharuk and others (cited above, §§ 23-27), the Court considers it reasonab le 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.
18 . The Court further notes that the respondent State has an outstanding obligation to enforce the decisions which have not been enforced .
B. Default interest
19 . 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 Annex 1 and EUR 1,500 (one thousand five hundred euros ) to each applicant or his or her estate in the applications tabulated in Annex 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 18 December 2012 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips Angelika Nußberger Deputy Registrar President
ANNEX 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
7321/05
08/02/2005
Oleg Veniaminovich ALPATOV
194914 March 2000,
Novogrodivka Court
13333/05
22/03/2005
Boris Ivanovich KARLOV
13/09/1950
25 January 2001 and 25 October 2002,
Khartzysk Court
16716/05
14/03/2005
Vladimir Nikolayevich SOKOLOV
16/11/1956
15. July 2003 and 28 May 2004
Krasnyy Luch Court
40631/05
04/11/2005
Tamara Antonovna YAROSHENKO
25/05/1928
27 October 2000 ,
Leninskyy District Court of Luhansk
43801/05
09/11/2005
TIPIKO, TOV
05 August 2004 ,
Commercial Court of the Zakarpattya Region
7478/06
27/01/2006
Viktor Vsevolodovich BONDALET
04/05/1948
10 August 2004,
Shahtarsk Court
26577/06
15/06/2006
Tatyana Vladimirovna MURENETS
18/11/1972
25 November 1999 and 10 February 2006,
Nova Kakhovka Court
29112/06
30/06/2006
Anatoliy Ivanovych ROMANOV
05/01/1951
5 January 2006,
Dzerzhynsk Court
31936/06
29/07/2006
Gennadiy Viktorovych KUDINOV
25/03/1970
14 June 2004 ,
Leninskyy District Court of Kirovograd
46311/06
27/10/2006
Volodymyr Borysovych TURITSA
24/11/1956
17 April 2006,
Gorodenka Court , as amended by the judgment of the Ivano-Frankivsk Court of Appeal of 26 February 2008
48065/06
10/11/2006
Igor Fedorovich DERMANSKIY
30/07/1969
16 April 1997,
Artemivskyy District Court of Luhansk
6212/07
27/12/2006
Angelina Ivanivna KOZAK
28/11/1942
8 November 2004,
Stryy Court
6731/07
14/12/2006
FIRMA DEMEK, TOV
21 August 2001,
Commercial Court of the Donetsk Region,
6759/07
15/01/2007
Oleksiy Ivanovych ZUBENKO
13/12/1957
20 January 2001,
Bluznukivskyy District Court of the Kharkiv Region
7937/07
10/02/2007
Volodymyr Ilarionovych KONDRATYEV
195617 March 2000,
Bryanka Court
8849/07
09/02/2007
Ilya Vladimirovich CHERKAS
11/08/1955
19 December 2005,
Velykonovosilkivsk Court
10033/07
09/02/2007
Yekaterina Iosifovna PERERVA
05/09/1942
13 November 2001,
Rozdolne Court
11074/07
26/02/2007
Mykola Vasylyovych GUSEV
17/12/1945
5 September 2006,
Poltava Regional Court of Appeal, quashed on 26 January 2009 and a new judgment of the Poltava Regional Court of Appeal of 18 May 2009 in the same case
14676/07
14/03/2007
Valeriy Vatslavych ZHURAKIVSKYY
13/11/1958
1 November 2006,
Berdychiv Court
20132/07
31/03/2007
Sergey Mikhaylovich SERGEYEV
15/07/1957
6 July 2006,
Kyivslyy District Court of Kharkiv
31187/07
24/05/2007
Irina Ernatovna KRAVTSOVA
26/03/1967
22 November 2004,
Leninskyy District Court of Luhansk
31441/07
21/06/2007
Liliya Nikolayevna LOGINOVA
28/08/1956
1. 26 August 2005,
Novogrodivka Court
2. 26 December 2005,
Novogrodivka Court
48049/07
23/10/2007
Volodymyr Petrovych BOYKO
14/04/1960
24 May 2004,
Mohyliv-Podilsk Court
51917/07
14/11/2007
Georgiy Ivanovych POGOSKYY
02/07/1953
6 December 2005,
Commercial Court of the Poltava Region
4790/08
24/12/2007
Vadim Stanislavovich DMITRIYEV
15/03/1979
01 June 2005,
Krasnyy Luch Court
9033/08
07/02/2008
Tatyana Sergeyevna PUGACH
11/10/1954
15 February 2002 ,
Yenakievo Court
14461/08
27/02/2008
Boris Nikolayevich LYSYUK
09/03/1982
1 October 2003,
Commercial Court of the Donetsk Region
14599/08
03/03/2008
Lyubov Sergeyevna DMITRENKO
11/11/1947
30 May 2005,
Krasnyy Luch Court
19753/08
07/04/2008
Volodymyr Mykhaylovych LOPUSHANSKYY
17/08/1955
13 December 2005 ,
Arbuzynka Court , as amended by the Mykolaiv Regional Court of Appeal on 7 April 2006
19791/08
11/04/2008
Valeriy Aleksandrovich LANOVENKO
193816 November 2006,
Fastov Court
28121/08
27/05/2008
Svetlana Petrovna BOYEVA
29/02/1960
27 May 2005,
Krasnyy Luch Court
28203/08
27/05/2008
Aleksey Nikolayevich TEMCHUR
04/02/1956
18 July 2005,
Krasnyy Luch Court
28974/08
07/06/2008
Lyubov Gilyaryevna KHLYNINA
22/08/1956
11 May 2005,
Krasnyy Luch Court
28975/08
07/06/2008
Viktor Frantsevich ALMIZOV
25/05/1940
30 March 2007,
Krasnyy Luch Court
28991/08
07/06/2008
Tatyana Ivanovna LAKIYCHUK
02/07/1949
21 May 2007 ,
Krasnyy Luch Court
29382/08
07/06/2008
Lyudmila Ivanovna SILENKO
05/06/1951
7 May 2004 ,
Torez Court
35562/08
15/07/2008
Tatyana Mikhaylovna VINOGRADOVA
30/10/1950
20 July 2005,
Krasnyy Luch Court
37108/08
17/06/2008
Leonid Petrovich VITSKO
02/09/1956
18 July 2005,
Krasnyy Luch Court
37112/08
17/06/2008
Tamara Ivanovna DIKAYA
24/04/1951
27 December 2005,
Krasnyy Luch Court
50079/08
24/09/2008
Zoya Grigoryevna IZOTOVA
26/02/1954
1. 5 February 2001, labour disputes commission
2. 14 March 2001, Kostyantynivka Court
3. 21 May 2001, labour disputes commission
4. 14 December 2001, Kostyantynivka Court
51743/08
06/10/2008
Yuriy Konstantinovich IVANOV
16/12/1946
30 April 2003,
Gagarinskyy District Court of Sevastopol
498/09
09/12/2008
Anton Oleksandrovych SKRYPCHENKO
15/10/1957
1. 22 September 2004,
Kyivskyy District Court of Odesa
2. 19 April 2006,
Kyivskyy District Court of Odesa
12803/09
16/02/2009
Lyudmila Viktorovna PROTSKO
12/02/1953
1. 28 April 2004,
Kostyantynivka Court
2. 28 September 2006,
Kostyantynivka Court
13589/09
16/02/2009
Vladimir Vladimirovich ZAZVORKA
21/06/1956
4 November 2001,
labour disputes commission
17848/09
15/03/2009
05/02/1952
1 December 1999, Kostyantynivka Court
2. Sergey Viktorovich VOLOSUNOV
05/08/1963
15 January 2001, labour disputes commission
3. Yekaterina Vasilyevna MUDREYKO
29/11/1950
25 January 2001, Kostyantynivka Court
4. Vladimir Yakovlevich KRIVENKO
21/01/1941
12 February 2001, labour disputes commission
5. Nadezhda Vasilyevna KACHURA
30/07/1950
12 March 2001, Kostyantynivka Court
6. Lyudmila Petrovna KOVALENKO
25/08/1954
23 April 2001, Kostyantynivka Court
7. Aleksandr Mikhaylovich NETESA
11/03/1943
13 October 2004, Kostyantynivka Court
8. Tamara Mikhaylovna SERDYUCHENKO
25/03/1950
7 December 2001, Kostyantynivka Court
9. Nataliya Nikolayevna CHAUS
25/09/1956
9 December 2004, Kostyantynivka Court
10. Nelli Grigoryevna PEREMETINA
30/08/1945
22 May 2006, Kostyantynivka Court
20353/09
26/03/2009
Viktor Ivanovich ROMANENKO
16/05/1960
1. 11 April 2006,
Zaliznychnyy District Court of Simferpol
2. 7 December 2006 [1] , Yevpatoriya Court
26329/09
04/03/2009
Nina Dmitriyevna VOLKOVA
13/12/1944
1.20 October 1997, Slovyansk Court
2.4 June 1998, Slovyansk Court
3. 10 March 1999, Slovyansk Court
4.21 May 2002, Vyshgorod Court
33507/09
05/06/2009
Natalya Mikhaylovna BAMBALOVA
08/01/1954
13 November 2000,
labour disputes commission
44881/09
04/08/2009
Valentyna Ivanivna KHAVRYCH
04/03/1964
6 November 2007,
Kamyanka Court
44926/09
06/08/2009
Lyudmila Alekseyevna YAROSHEVSKAYA
16/08/1949
20 December 2006,
Dzerzhinsky District Court of Kharkiv
48274/09
26/08/2009
Aleksandra Mikhaylovna KOROVNIKOVA
10/01/1936
23 August 2002,
Torets Court
51879/09
13/09/2009
Fedir Romanovych SHEVELEV
19221. 11 February 2008 ,
Donetsk Regional Administrative Court
2. 03 November 2008 ,
Donetsk Regional Administrative Court
56226/09
06/10/2009
ASKO, MKP
30 July 2004,
Commercial Court of the Kherson Region
59492/09
26/10/2009
Denis Aleksandrovich SECHKAREV
17/09/1978
11 October 2006,
Krasnyy Luch Court
62399/09
13/11/2009
Leonid Viktorovych TSESAR
196212 December 2007,
Oleksandriya Court , as amended by the Dnipropetrovsk Regional Court of Appeal on 23 December 2008
4252/10
12/01/2010
Mykola Petrovych VINNICHENKO
08/05/1953
24 December 2007,
Shevchenkivskyy District Court of Zaporizhzhya
12476/10
20/02/2010
Ivan Petrovych FUTALO
16/03/1959
20 December 2005,
Sokal Court
14075/10
19/02/2010
Stanislav Fedorovych SHEVCHENKO
01/11/1945
1. 30 May 2005 ,
Oleksandriya Court
2. 17 March 2009 ,
Oleksandriya Court
14108/10
24/02/2010
Antonina Mytrofanivna TKACHENKO
29/06/1950
27 February 2009 ,
Oleksandriya Court
14171/10
28/02/2010
Grygoriy Ivanovych TERNAVSKYY
15/08/1927
07 April 2009,
Kalanchak Court
14743/10
04/03/2010
Igor Pavlovich KOSMACHOV
31/08/1972
22 May 2006,
Korabelnyy District Court of Mykolayiv
14824/10
26/02/2010
Valentyna Pavlivna TERNAVSKA
25/04/1927
7 April 2009, Kalanchak Court
14873/10
05/03/2010
Anatoliy Vladimirovich GAVRILENKO
06/09/1974
22 May 2006,
Korabelnyy District Court of Mykolayiv
19497/10
21/03/2010
Tamara Grygorivna GROMOVA
25/12/1934
26 November 2008,
Zhytomyr Regional Administrative Court
20291/10
01/04/2010
Nataliya Yuryevna SOSHENKO
04/05/1953
1. 20 May 2005 ,
Komsomolskyy District Court of Kherson
2. 20 July 2006,
Komsomolskyy District Court of Kherson
3. 16 October 2006 ,
Komsomolskyy District Court of Kherson,
4. 3 May 2007 ,
Komsomolskyy District Court of Kherson
23262/10
02/04/2010
Nadiya Georgiyivna MAKOVOZ
25/03/1954
11 January 2008,
Pervomaysk Court
23950/10
12/04/2010
Nataliya Ivanivna DAVYDENKO
26/01/1956
1.28 February 2008,
Pervomaysk Court
2. 20 March 2008,
Pervomaysk Court
24642/10
17/04/2010
Nikolay Aleksandrovich SPODIN
03/08/1928
1. 15 May 2008,
Leninskyy District Court of Sevastopol
2. 8 October 2009,
Leninskyy District Court of Sevastopol
3. 21 January 2010,
Leninskyy District Court of Sevastopol
25981/10
23/04/2010
Nelya Yevgeniyivna UTKINA
28/06/1958
5 February 2007 ,
Zamostyanskyy District Court of Vinnytsya
25997/10
21/04/2010
Oleksiy Mykolayovych KACHAYLO
04/06/1949
20 February 2009 ,
Okhtyrka Court
29072/10
07/05/2010
Roman Mykhaylovych KOMAR
18/03/1950
14 June 2001 ,
Frankivskyy District Court of Lviv Region
29963/10
30/04/2010
Oleksandr Fedorovych SHVETS
11/03/1945
19 November 2007,
Dniprovskyy District Court of Kherson
33114/10
20/05/2010
Nataliya Borysivna ABRAMENKO
29/03/1958
18 December 2007,
Brovary Court
33135/10
20/05/2010
Igor Yevgeniyovych SHOBOTENKO
12/04/1973
20 December 2007 ,
Brovary Court
33139/10
20/05/2010
Vadym Yevgeniyovych SHOBOTENKO
14/02/1978
6 December 2007 ,
Brovary Court
33161/10
20/05/2010
Pavlo Vyacheslavovych KUCHUGURNYY
02/10/1964
1.13 November 2008,
Artemivskyy District Court of Luhansk
2. 26 February 2009 ,
Artemivskyy District Court of Luhansk
3. 16 March 2009 ,
Artemivskyy District Court of Luhansk
33164/10
20/05/2010
Iryna Anatoliyivna RYABUSHCHYTS
unspecified
1 April 2008 ,
Brovary Court
34350/10
09/06/2010
Mykola Nykyforovych NOVAK
11/10/1959
28 May 2008 ,
Oleksandriya Court as amended on 14 April 2009 by the Dnipropetrovsk Administrative Court of Appeal
35024/10
14/06/2010
Svitlana Kalenykivna FINKEVYCH
18/03/1956
8 November 2002,
Lutsk Court
35077/10
06/06/2010
Grygoriy Oleksandrovych OBUSHCHAK
14/02/1960
2 March 2007,
Staromistskyy District Court of Vinnytsya
35424/10
14/06/2010
Iryna Oleksandrivna OVCHINNIKOVA
06/12/1979
4 April 2008, Desnyanskyy District Court of Chernigiv , as amended on
8 July 2009 by
Kyiv Administrative Court of Appeal
35890/10
16/06/2010
Vladimir Dmitriyevich FISAK
18/06/1955
20 July 2005,
Dzerzhynsk Court
38178/10
26/06/2010
Yevgeniy Ivanovich ZELYUNKO
25/08/1937
26 January 2009 ,
Zhytomyr Regional Administrative Court
41281/10
24/06/2010
Volodymyr Petrovych MAZURAKA
26/02/1958
19 November 2003,
Chervonograd Court
42642/10
17/02/2010
Irina Romilovna KARPACHEVA
14/06/1958
28 May 2008,
Kostyantynivka Court [2]
51453/10
26/08/2010
Grigoriy Mikhaylovich SUPRUN
20/07/1955
20 August 2006,
Svitlovodsk Court
56269/10
20/09/2010
Terentiy Semenovych GERASYMOV
24/04/1954
9 April 2009,
Zhytomyr Regional Administrative Court
59584/10
28/09/2010
Yuriy Mykhaylovych ZHGUTOV
15/06/1926
12 December 2007,
Novozavodskyy District Court of Chernigiv
66363/10
30/10/2010
Valeriy Yegorovych KOMBAYEV
21/04/1942
10 June 2008, the Crimea Court of Appeal
69158/10
17/11/2010
Vasyl Mykytovych ILCHENKO
19271. 2 November 2007,
Zhytomyr Regional Administrative Court
2. 7 October 2008,
Zhytomyr Regional Administrative Court
75025/10
07/12/2010
Viktor Alekseyevich LAPSHIN
02/01/1943
18 August 2009,
Kalininskyy District Court of Donetsk
671/11
17/12/2010
Tetyana Volenivna TABACHENKO
09/01/1978
17 June 2009,
Leninskyy District Court of Luhansk ,
became enforceable on 2 October 2009
1391/11
27/12/2010
Gennadiy Sergiyovych ALDABAYEV
20/05/1940
30 January 2008,
Zhytomyr Regional Administrative Court
2157/11
15/12/2010
Valentina Petrovna TATARCHENKO
02/04/1950
17 September 2002,
Kostyantynivka Court
3217/11
08/12/2010
Leonid Ivanovych BOBIK
05/06/1935
2 March 2009,
Zhytomyr Regional Administrative Court
1513/11
23/12/2010
Vitaliy Viktorovich TOLKACHOV
08/06/1984
20 June 2006,
Antratsyt Court
ANNEX 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
10704/07
22/02/2007
Natali Valeriyivna NOVYTSKA
02/08/1976
24 November 2005, Suvorovskyy District Court of Kherson ,
quashed on 3 June 2008
3863/08
11/01/2008
Yuriy Tymofiyovych OPANASYUK
unspecified
25 May 2005,
Kyiv Harrison Military Court ,
became enforceable on 22 February 2006 and was enforced in full in November 2008
18167/08
17/03/2008
Tatyana Ivanovna MIKHAL
195121 October 2005,
Zhovtnevyy District Court of Dnipropetrovsk ,
quashed on 1 8 September 2007 [3]
27320/08
28/05/2008
Vasyl Mykolayovych GEYTOTA
09/01/1961
6 February 2006,
Kolomyya Court ,
enforced on 28 January 2008
35012/08
11/06/2008
Kostyantyn Antonovych ZUBKO
20/02/1954
16 June 2006,
Pecherskyy District Court of Kyiv,
quashed on 25 February 2009
46147/09
12/11/2008
Pavel Ivanovich BONDAR
16/04/1960
13 August 2007,
Donetsk Regional Administrative Court , quashed on 12 November 2009
4980/10
13/01/2010
Vladimir Nikolayevich KARTASHOV
03/01/1951
6 February 2008,
Donetsk Regional Administrative Court , quashed on 3 June 2010
12100/10
15/02/2010
Svitlana Ivanivna DUBOVENKO
24/08/1937
16 January 2008,
Zarichnyy District Court of Sumy,
quashed on 19 August 2010
19148/10
21/03/2010
Sergey Aleksandrovich KHMELEVSKIY
27/05/1960
Vyacheslav Iosifovich KULBACHKO
18/03/1956
2 July 2009,
Makiivka Court ,
enforced on 14 July 2011
48233/10
05/08/2010
Mykola Volodymyrovych KOKHANOVSKYY
11/02/1961
2 June 2009, Khmelnytskyy Court ,
as amended on 12 January 2010 by the Khmelnytsk Regional Court of Appeal
71356/10
23/11/2010
Leonid Anatolyevich ZARAYSKIY
12/12/1961
26 September 2008, Lysychansk Court ,
quashed on 7 April 2011
3282/11
29/12/2010
Oleksandr Petrovych DORDUKA
unspecified
4 November 2008, Kaniv Court ,
as amended by the Kyiv Administrative Court of Appeal on 22 December 2009
[1] . Rectified on 4 February 2013 ; the text read “ 6 December ”.
[2] . Rectified on 4 February 2013 ; the text read “ 21 March 2002 and 28 May 2008 ”.
[3] . Rectified on 4 February 2013 ; the text read “ 2 8 September ”.