CASE OF KHARUK AND OTHERS v. UKRAINE
Doc ref: 703/05, 1007/09, 10432/06, 10449/10, 1078/11, 1121/11, 1134/11, 1148/11, 11953/09, 1205/09, 1250/11,... • ECHR ID: 001-112414
Document date: July 26, 2012
- Inbound citations: 16
- •
- Cited paragraphs: 6
- •
- Outbound citations: 3
FIFTH SECTION
CASE OF KHARUK AND OTHERS v. UKRAINE
( Application no . 703/05 and 115 other applications )
JUDGMENT
STRASBOURG
26 July 2012
This judgment is final. It may be subject to editorial revision.
In the case of Kharuk and others v. Ukraine ,
The European Court of Human Rights ( Fifth Section ), sitting as a Committee composed of:
Mark Villiger , President, Karel Jungwiert , André Potocki , judges, and Stephen Phillips , Deputy Section Registrar ,
Having deliberated in private on 3 July 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 116 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 114 Ukrainian nationals and companies based in Ukraine, whose details are specified in the append ed tables (“the applicants”).
2 . In the course of the proceedings Mr P. Vasylyev (application no. 17684/08) died, and his wife, Ms V. Vasylyeva , expressed the wish to pursue the application.
3 . The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskiy , of the Ministry of Justice.
4 . The applications, which mainly co ncern the issues of lengthy non ‑ enforcement of domestic decisions given in the applicants ’ favour, were communicated to the Government on various dates.
Loading citations...5 . In accordance with the Yuriy Nikolayevich Ivanov pilot judgment (no. 40450/04, ECHR 2009 ‑ ... (extracts)) addressing the issues of prolonged non-enforcement of domestic decisions , the examination of the applications was adjourned until 15 July 2011.
6 . Meanwhile, Ukraine was directed to adopt the necessary measures in order to solve the problems, in particular to set up an effective domestic remedy or combination of such remedies capable of securing adequate and sufficient redress for the non-enforcement or delayed enforcement of domestic decisions, in line with the Convention principles as established in the Court ’ s case-law (see Yuriy Nikolayevich Ivanov , cited above, § 94 and point 5 of its operative part).
7 . On 21 February 2012, having noted that Ukraine had not adopt ed the required measures, the Court decided to resume the examination of the applications.
8 . On various dates the Government submitted to the Court a number of unilateral declarations aimed at resolving the non-enforcement issues raised in seventeen applications (the applications concerned are specified in the appended tables). The Government requested the Court to strike the applications concerned 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 t he Government ’ s request .
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
A. Non-enforcement issues
9 . On the dates set out in the appended 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 final and 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. With the exception of the application no. 27562/09, in which the decision in the applicant ’ s favour was enforced on 18 November 2008 , the domestic decisions in all the present applications have not been enforced in full.
B. Other matters
10 . Some of the applicants also made submissions concerning factual and legal matters unrelated to the above non-enforcement issues.
II. RELEVANT DOMESTIC LAW
11 . On 5 June 2012 the Verkhovna Rada adopted the Act on the State Guarantees Concerning Execution of J udicial Decisions with the aim of solv ing the issues of non-enforcement at the domestic level. On 22 June 2012 the President signed the Act . The Act will ente r into force on 1 January 2013.
12 . The Act provides for the introduction of the procedures under which pecuniary debts under domestic decisions may be met by the State Treasury where debtor State bodies, State companies, or companies with the ban on the sale of property fail to pay them in due time. The Act also provides for compensation when the authorities delay payments under those procedures.
THE LAW
I. JOINDER OF THE APPLICATIONS
13 . In view of the similarity of the applic ations in terms of the principal legal issue raised, the Court finds it appropriate to join them.
II. THE STANDING OF THE APPLICANT ’ S WIFE IN APPLICATION N o . 17684/08
14 . The Court notes that i t has not been disputed that Ms V. Vasylyeva is entitled to pursue application no. 17684/08 on behalf of the applicant, Mr P. Vasylyev . T he Court finds that she has standing to continue the present proceedings in the applicant ’ s stead (see, among other authorities, Mironov v. Ukraine , no. 19916/04, § 12 , 14 December 2006 ).
III. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION AND OF ARTICLE 1 OF PRTOCOL N o . 1
15 . 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 invoked 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
16 . 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
17 . The Court finds that the decisions in the applicants ’ favour were not enforced in due time, for which the authorities were responsible.
18 . T he Court further observes that Ukraine has not introduced a remedy at the national level satisfy ing the requirements of Article 13 of the Convention for the applicants ’ complaints about the non-enforcement of the decisions in their favour (for the relevant principles, see Yuriy Nikolayevich Ivanov , cited above, § 65 ) . Although new regulations have been introduced to guarantee the full and timely enforcement of decisions against the State authorities and State-owned or controlled companies (see paragraph s 1 1 and 1 2 above ), the Court notes that the new regulations will not enter into force before 1 January 2013 and, in any event, do not provide for compensation for the delays in the enforcement of domestic decisions which have already taken place. Furthermore, it is unclear whether the implementation of the new regulations will be supported by sufficient budgetary allocations.
19 . Having regard to its well-established case-law on the subject (see Yuriy Nikolayevich Ivanov , cited above, §§ 56-58 and 66-70 ), the Court finds that there has 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.
IV. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
20 . 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.
21 . 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.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
22 . 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
23 . The Court reiterates that it is an international judicial authority contingent on the consent of the States signatory to the Convention, and that its principal task is to secure the respect for human rights, rather than compensate applicants ’ losses minutely and exhaustively. Unlike in national jurisdictions, the emphasis of the Court ’ s activity is on passing public judgments that set human-rights standards across Europe .
24 . For this reason, in cases involving many similarly situated victims a unified approach may be called for. This approach will ensure that the applicants remain aggregated and that no disparity in the level of the awards will have a divisive effect on the applicants (see, for instance, Goncharova and Others and 68 other “Privileged Pensioners” cases v. Russia , nos. 23113/08 and others , §§ 22-24, 15 October 2009 ).
25 . In the present case, bearing in mind the principles which it has developed for assessing the amount of compensation to be awarded where it has found a breach of the Convention as regards the non-enforcement issues in similar cases, 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 Appendix 1) and EUR 1,500 to each applicant in the other applications (the applications tabulated in A ppendix 2). These sums are to cover any pecuniary and non-pecuniary damage, as well as costs and expenses.
26 . The Court further notes that the respondent State has an outstanding obligation to enforce the decisions which have not been enforced .
B . Default interest
27 . 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 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 A ppendi x 1 and EUR 1,500 (one thousand five hundred euros) to each applicant or his or her estate in the applications tabulated in A ppendi x 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 26 July 2012 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips Mark Villiger Deputy Registrar President
APPENDIX 1 (no n -enforcement delays more than three years)
No.
Application
no. and
date of introduction
Applicant ’ s name and
date of birth
(if known)
Represented by
Final domestic decision details
Sum offered by the G overnment in unilateral declarations (in euros)
703/05
17/12/2004
Yuriy Mykhaylovych KHARUK ,
12/12/1967
29 June 1998, Shevchenkivskiy District Court of Lviv
16712/05
14/03/2005
Sergey Petrovich PEREPELITSA ,
Vladislav Nikolayevich BYCHKOVSKIY
1) 31 July 2002, Krasniy Luch Town Court of the Luhansk Region
2) 15 July 2003, Krasniy Luch Town Court of the Luhansk Region
3) 14 June 2005, Krasniy Luch Town Court of the Luhansk Region
4) 19 May 2005, Krasniy Luch Town Court of the Luhansk Region
19539/05
12/04/2005
Nadezhda Timofeyevna NEDBALO ,
07/06/1944
30 September 2004, Primorskiy District Court of Odessa
39900/05
28/10/2005
Evdokiya Panasivna MELNYK , 15/05/1973
28 July 2004, Khmilnyk District Court of the Vinnytsya Region
42834/05
10/11/2005
Lyubov Vasylivna TURETSKA ,
6 June 200б, Novoselytsya District Court of the Chernivtsi Region
10432/06
07/03/2006
LLC ENERGO-MIG
1) 26 August 1998, Kyiv City Court of Arbitration
2) 10 April 2001, Higher Arbitration Court
16994/06
18/04/2006
Nadiya Mykhaylivna KOSTYUCHENKO ,
7 June 2004, Shevchenkivskiy District Court of Kyiv
1,050
32562/07
16/07/2007
Oksana Anatolyevna SHTOKALO ,
21 February 2006, Prymorskiy District Court of Odessa
34249/07
04/07/2007
Sergiy Mykhaylovych BURLUTSKYY ,
13/05/1957
Grygoriy Denysovych CHOSTA
1) 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
2) 4 April 2003, Krasnyi Lyman Town Court of the Donetsk Region
9887/08
08/02/2008
Aleksandr Nikolayevich KIPARENKO ,
25/03/1966
10 August 2005, Dniprovskiy District Court of Kyiv
16777/08
24/03/2008
Grigoriy Andreyevich KOSENKO ,
01/01/1933
26 July 2001, Chervonogvardiyskiy District Court of Makiivka
17664/08
04/07/2007
Volodymyr Kostyantynovych GAYDUKOV , 08/05/1949
Grygoriy Denysovych CHOSTA
25 June 2002, Krasnyi Lyman Town Court of the Donetsk Region
17665/08
04/07/2007
Valeriy Volodymyrovych SUSHKO ,
26/02/1951
Grygoriy Denysovych CHOSTA
1) 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
2) 2 April 2003, Krasnyi Lyman Town Court of the Donetsk Region
17666/08
04/07/2007
Rayisa Ivanivna SEMIOSHKO , 25/01/1954
Grygoriy Denysovych CHOSTA
1) 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
2) 2 April 2003, Krasnyi Lyman Town Court of the Donetsk Region
17668/08
04/04/2007
Artur Pavlovych VASYLYEV , 18/08/1968
Grygoriy Denysovych CHOSTA
22 August 2002, Krasnyi Lyman Town Court of the Donetsk Region
17669/08
04/07/2007
Roman Anatoliyovych ROMANENKO ,
02/04/1966
Grygoriy Denysovych CHOSTA
1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
17683/08
04/07/2007
Mykola Vasylyovych KONOTOP , 16/01/1953
Grygoriy Denysovych CHOSTA
1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
17684/08
04/07/2007
Pavlo Pavlovych VASYLYEV , 27/06/1945
Grygoriy Denysovych CHOSTA
22 August 2002, Krasnyi Lyman Town Court of the Donetsk Region
17686/08
04/07/2007
Grygoriy Mykolayovych YAKOVENKO , 25/09/1939
Grygoriy Denysovych CHOSTA
19 August 2002, Krasnyi Lyman Town Court of the Donetsk Region
17690/08
04/07/2007
Volodymyr Mykolayovych SHKARLET ,
15/03/1936
Grygoriy Denysovych CHOSTA
3 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
17695/08
04/07/2007
Mykhaylo Oleksandrovych MASLENNIKOV , 25/08/1963
Grygoriy Denysovych CHOSTA
16 October 2002, Krasnyi Lyman Town Court of the Donetsk Region
17709/08
04/07/2007
Ivan Dmytrovych DIMOV , 29/09/1970
Grygoriy Denysovych CHOSTA
25 July 2002, Krasnyi Lyman Town Court of the Donetsk Region
17722/08
04/07/2007
Viktor Stepanovych MARKOV , 26/06/1956
Grygoriy Denysovych CHOSTA
17 June 2002, Krasnyi Lyman Town Court of the Donetsk Region
17738/08
04/07/2007
Oleksandr Vasylyovych GORBACH ,
04/04/4976
Grygoriy Denysovych CHOSTA
22 August 2002, Krasnyi Lyman Town Court of the Donetsk Region
17750/08
04/07/2007
Vasyl Viktorovych RYEKA , 28/02/1962
Grygoriy Denysovych CHOSTA
11 June 2003, Krasnyi Lyman Town Court of the Donetsk Region
1007/09
20/06/2008
PIVDENBUDTRANS
Volodymyr Mykhaylovych LOPUSHANSKYY
15 March 2005, Vinnytsya Regional Commercial Court
1205/09
09/12/2008
Sergiy Anatoliyovych MELNIK ,
16 June 2006, Lysychansk Town Court of the Luhansk Region
1820/09
02/12/2008
Yuriy Yevgenyevich KRASNOKUTSKIY , 20/03/1949
Vladislav Nikolayevich BYCHKOVSKIY
1) 16 July 2003, Krasniy Luch Town Court of the Luhansk Region
2) 26 May 2005, Krasniy Luch Town Court of the Luhansk Region
1,290
3304/09
20/10/2008
Boris Rodionovich SAVICHEV , 20/03/1947
8 November 2006, Pavlograd Town Court of the Dnipropetrovsk Region
735
5629/09
08/12/2008
Anton Tarasovych MISHCHUK , 20/05/1936
27 February 2003, Chervonohrad Town Court of the Lviv Region
1,485
11953/09
04/02/2009
Lyubov Sergiyivna SERGIYENKO ,
05/02/1951
Sergiy Sergiyovych PONOMARYOV
12 January 2007, Bakhchisaray District Court of the Autonomous Republic of Crimea
12631/09
16/02/2009
Viktor Andreyevich LITVINENKO ,
05/01/1954
1) 30 March 2005, Kostyantynivka Town Court of the Donetsk Region
2) 28 September 2006, Kostyantynivka Town Court of the Donetsk Region
3) 13 January 2009, Kostyantynivka Town Court of the Donetsk Region
1,110
12664/09
16/02/2009
Tatyana Gennadyevna SAKHNO , 31/01/1956
Viktor Andreyevich LITVINENKO
1) 26 September 2006, Kostyantynivka Town Court of the Donetsk Region
2) 16 December 2008, Kostyantynivka Town Court of the Donetsk Region
855
12856/09
16/02/2009
Lyubov Anatolyevna MOROZOVA ,
18/12/1957
Viktor Andreyevich LITVINENKO
15 November 2000 , Kostyantynivka Town Court of the Donetsk Region
13560/09
27/02/2009
Sergiy Viktorovych FILATOV ,
10 July 2008, Pervomaisk Town Court of the Kharkiv Region
495
14654/09
10/02/2009
Andriy Ivanovych ZINCHENKO ,
3 April 2008, Khorol District Court of the Kharkiv Region
15412/09
04/03/2009
Nikolay Grigoryevich PEDAN , 28/10/1938
13 September 1999, Slovyansk Town Court of the Donetsk Region
16374/09
12/03/2009
Svetlana Aleksandrovna PELESHINA ,
14/01/1948
1) 27 September 2004, Kerch Town Court of the Autonomous Republic of Crimea
2) 24 November 2004, Kerch Town Court of the Autonomous Republic of Crimea
1,080
17348/09
27/02/2009
Meryem Osmanovna NAUMENKO ,
13 November 2001, Rozdolne District Court of the Autonomous Republic of Crimea
17361/09
27/02/2009
Tatyana Anatolyevna KOVALCHUK ,
13 November 2001, Rozdolne District Court of the Autonomous Republic of Crimea
18011/09
05/03/2009
Konstantin Viktorovich MYLOV ,
17/01/1950
Viktor Andreyevich LITVINENKO
13 November 2008, Kostyantynivka Town Court of the Donetsk Region
465
18324/09
17/03/2008
Orysya Ivanivna ALEKSANDRYUK ,
12/06/1951
9 March 2006, Pershotravneviy District Court of Chernivtsi
18641/09
31/01/2009
Larisa Aleksandrovna SAMOFALOVA ,
Vladislav Nikolayevich BYCHKOVSKIY
14 June 2007, Krasniy Luch Town Court of the Luhansk Region
675
19159/09
20/03/2009
Valentina Nikolayevna KOVALEVA,
16/09/1973
Sergey Yevgenyevich SHABLAKOV, 22/10/1956
1st applicant:
1) 16 September 2004, Kerch Town Court of the Autonomous Republic of Crimea
2) 24 November 2004, Kerch Town Court of the Autonomous Republic of Crimea
2nd applicant:
1) 16 September 2004, Kerch Town Court of the Autonomous Republic of Crimea
2) 24 November 2004, Kerch Town Court of the Autonomous Republic of Crimea
1,155 to each applicant
20046/09
03/04/2009
Onisiya Ivanivna KOVPAK , 17/06/1925
22 October 2007, Haivoron District Court of the Kirovohrad Region
270
20348/09
26/03/2009
Aleksey Konstantinovich VASILYEV ,
10/04/1962
1) 7 July 2004, Kerch Town Court of the Autonomous Republic of Crimea
2) 15 November 2004, Kerch Town Court of the Autonomous Republic of Crimea
1,125
21752/09
10/04/2009
Yuriy Yevgenyevich TRETYAK , 11/01/1959
1) 27 September 2004, Kerch Town Court of the Autonomous Republic of Crimea
2) 12 November 2004, Kerch Town Court of the Autonomous Republic of Crimea
1,080
26367/09
04/03/2009
Valentina Petrovna KIRICHENKO ,
22/09/1946
Nikolay Grigoryevich PEDAN
1) 25 August 1998, Slovyansk Town Court of the Donetsk Region
2) 19 April 1999, Slovyansk Town Court of the Donetsk Region
3) 29 May 2000, Slovyansk Town Court of the Donetsk Region
26370/09
04/03/2009
Valentina Ivanovna KOVALYOVA ,
29/08/1951
Nikolay Grigoryevich PEDAN
16 October 1997, Slovyansk Town Court of the Donetsk Region
26377/09
04/03/2009
Nina Sergeyevna KOLMYKOVA , 13/01/1936
Nikolay Grigoryevich PEDAN
13 February 2003, Labour disputes commission of the “ Sodoviy zavod ” OJSC (ВАТ " Содовий завод ")
26391/09
04/03/2009
Anatoliy Nikolayevich KUZNETSOV ,
Nikolay Grigoryevich PEDAN
1) 2 October 1997, Slovyansk Town Court of the Donetsk Region
2) 29 November 2001, Labour disputes commission of the “ Sodoviy zavod ” OJSC
26399/09
04/03/2009
Aleksandra Ivanovna MORDACH ,
Nikolay Grigoryevich PEDAN
17 October 1997, Slovyansk Town Court of the Donetsk Region
26412/09
04/03/2009
Aleksandra Vasilyevna ORLOVA ,
Nikolay Grigoryevich PEDAN
8 September 1997, Slovyansk Town Court of the Donetsk Region
26419/09
04/03/2009
Svyatoslava Stepanovna POLYANITSA ,
Nikolay Grigoryevich PEDAN
3 October 1997, Slovyansk Town Court of the Donetsk Region
26434/09
04/03/2009
Tamara Aleksandrovna SAVCHENKO ,
27/08/1946
Nikolay Grigoryevich PEDAN
1) 8 September 1998, Slovyansk Town Court of the Donetsk Region
2) 30 March 2001, Slovyansk Town Court of the Donetsk Region
3) 1 September 2003, Labour disputes commission of the “ Sodoviy zavod ” OJSC
26445/09
04/03/2009
Yelena Petrovna SOKOLOVSKAYA ,
12/02/1970
Nikolay Grigoryevich PEDAN
1) 27 September 2001, Labour disputes commission of the “ Sodoviy zavod ” OJSC
2) 1 September 2003, Labour disputes commission of the “ Sodoviy zavod ” OJSC
26448/09
04/03/2009
Aleksandr Nikolayevich STRELIN ,
29/11/1952
Nikolay Grigoryevich PEDAN
13 September 2001, Labour disputes commission of the “ Sodoviy zavod ” OJSC
26459/09
04/03/2009
Galina Fedorovna TKACHENKO ,
02/04/1951
Nikolay Grigoryevich PEDAN
1) 13 March 2000, Slovyansk Town Court of the Donetsk Region
2) 16 November 2001, Slovyansk Town Court of the Donetsk Region
26464/09
04/03/2009
Olga Timofeyevna KHOTINA , 0 2/08/1936
Nikolay Grigoryevich PEDAN
1) 6 November 1997, Slovyansk Town Court of the Donetsk Region
2) 20 March 2000, Slovyansk Town Court of the Donetsk Region
26469/09
04/03/2009
Lyudmila Petrovna CHEREVATENKO ,
01/09/1937
Nikolay Grigoryevich PEDAN
1) 13 November 1997, Slovyansk Town Court of the Donetsk Region
2) 8 October 1998, Slovyansk Town Court of the Donetsk Region
3) 27 November 1998, Slovyansk Town Court of the Donetsk Region
26473/09
04/03/2009
Valeriy Vladimirovich CHESNOKOV ,
Nikolay Grigoryevich PEDAN
1) 14 November 1997, Slovyansk Town Court of the Donetsk Region
2) 26 June1998, Slovyansk Town Court of the Donetsk Region
26481/09
04/03/2009
Yevgeniya Alekseyevna VOROBYOVA ,
Nikolay Grigoryevich PEDAN
29 March 1999, Slovyansk Town Court of the Donetsk Region
27503/09
06/05/2009
Viktor Viktorovich LAPUT , 28/02/1972
Vladislav Nikolayevich BYCHKOVSKIY
27 July 2005, Krasniy Luch Town Court of the Luhansk Region
27505/09
06/05/2009
Yevgeniy Alekseyevich DMITROV ,
Vladislav Nikolayevich BYCHKOVSKIY
2 October 2006, Krasniy Luch Town Court of the Luhansk Region
27562/09
15/05/2009
Maksym Mykhaylovych MULYAVKA ,
07/05/1958
16 February 2004, Sokal District Court of the Lviv Region
840
27606/09
11/05/2009
Andriy Vyacheslavovych LENTYUGOV ,
08/04/1969
Petro Volodymyrovych KOZAK
26 June 2007, Bila Tserkva Town Court of the Kyiv Region
720
28097/09
12/05/2009
Igor Volodymyrovych STRIGIN , 30/07/1959
1) 27 December 2007, Oleksandriya Town Court of the Kirovohrad Region
2) 11 April 2008, Oleksandriya Town Court of the Kirovohrad Region
3) 15 May 2008, Oleksandriya Town Court of the Kirovohrad Region
315
58964/10
28/09/2010
Lyubov Petrovna RYABTSEVA , 01/04/1945
Vladislav Nikolayevich BYCHKOVSKIY
1) 26 January 2004, Krasniy Luch Town Court of the Luhansk Region
2) 16 May 2005, Krasniy Luch Town Court of the Luhansk Region
61131/10
06/10/2010
Lyudmila Mikhaylovna BODNAR ,
13/02/1956
Vladislav Nikolayevich BYCHKOVSKIY
11 May 2005, Krasniy Luch Town Court of the Luhansk Region
61133/10
06/10/2010
Tatyana Yevgenyevna NAGAYTSEVA ,
03/06/1952
Vladislav Nikolayevich BYCHKOVSKIY
11 May 2005, Krasniy Luch Town Court of the Luhansk Region
61134/10
06/10/2010
Valentina Vasilyevna SYTNIK , 10/08/1939
Vladislav Nikolayevich BYCHKOVSKIY
1 June 2005, Krasniy Luch Town Court of the Luhansk Region
61136/10
06/10/2010
Olga Nikolayevna SYTNIK , 22/05/1962
Vladislav Nikolayevich BYCHKOVSKIY
14 July 2005, Krasniy Luch Town Court of the Luhansk Region
61138/10
06/10/2010
Anatoliy Vasilyevich PRONICHEV ,
28/02/1954
Vladislav Nikolayevich BYCHKOVSKIY
1) 1 July 2004, Krasniy Luch Town Court of the Luhansk Region
2) 4 June 2007, Krasniy Luch Town Court of the Luhansk Region
62419/10
19/10/2010
Svetlana KRIVICH ,
Vladislav Nikolayevich BYCHKOVSKIY
21 June 2005, Krasniy Luch Town Court of the Luhansk Region
62430/10
19/10/2010
Valeriy Vladimirovich AKSENOV ,
22/10/1978
Vladislav Nikolayevich BYCHKOVSKIY
15 June 2005, Krasniy Luch Town Court of the Luhansk Region
62616/10
19/10/2010
Tatayana Nikolayevna ZUYEVA , 11/10/1964
Vladislav Nikolayevich BYCHKOVSKIY
18 July 2005, Krasniy Luch Town Court of the Luhansk Region
62621/10
19/10/2010
Lyudmila Viktorovna KRUGLOVA ,
19/11/1969
Vladislav Nikolayevich BYCHKOVSKIY
15 June 2005, Krasniy Luch Town Court of the Luhansk Region
62627/10
19/10/2010
Natalya Ivanovna TITOVA , 08/05/1959
Vladislav Nikolayevich BYCHKOVSKIY
1) 25 May 2005, Krasniy Luch Town Court of the Luhansk Region
2) 22 December 2008, Krasniy Luch Town Court of the Luhansk Region
62635/10
19/10/2010
Yevgeniya Vasilyevna ALEYNIKOVA ,
08/08/1951
Vladislav Nikolayevich BYCHKOVSKIY
1) 25 May 2005, Krasniy Luch Town Court of the Luhansk Region
2) 22 December 2008, Krasniy Luch Town Court of the Luhansk Region
65610/10
30/10/2010
Vera Nikolayevna VORZHEVA , 29/05/1960
Vladyslav Mykolayovych BYCHKOVSK I Y
6 June 2005, Krasniy Luch Town Court of the Luhansk Region
65615/10
30/10/2010
Nikolay Ivanovich SHALYGIN , 06/02/1965
Vladyslav Mykolayovych BYCHKOVSK I Y
17 May 2005, Krasniy Luch Town Court of the Luhansk Region
65621/10
30/10/2010
Tatyana Vasilyevna POPENKO , 16/06/1965
Vladyslav Mykolayovych BYCHKOVSK I Y
16 June 2005, Krasniy Luch Town Court of the Luhansk Region
66319/10
03/11/2010
Genadiy Volodymyrovych LEVKOVYCH , 27/01/1957
22 March 2007, Korolovskiy District Court of Zhytomyr
70292/10
19/11/2010
Valentin Aleksandrovich MUKHONKO ,
27/09/1951
Vladislav Nikolayevich BYCHKOVSKIY
1 June 2005, Krasniy Luch Town Court of the Luhansk Region
70296/10
19/11/2010
Vladimir Romanovich MALINOVSKIY ,
25/12/1936
Vladislav Nikolayevich BYCHKOVSKIY
13 March 2002, Krasniy Luch Town Court of the Luhansk Region
70873/10
19/11/2010
Yeva Adamovna PROKOPTSOVA ,
08/08/1966
Vladislav Nikolayevich BYCHKOVSKIY
17 May 2005, Krasniy Luch Town Court of the Luhansk Region
71355/10
19/11/2010
Yuriy Vladimirovich DOGADIN , 30/09/1963
Vladislav Nikolayevich BYCHKOVSKIY
12 August 2005, Krasniy Luch Town Court of the Luhansk Region
72617/10
19/11/2010
Svetlana Gennadiyevna ALKHIMOVA ,
13/10/1980
Vladislav Nikolayevich BYCHKOVSKIY
1) 22 November 2002, Krasniy Luch Town Court of the Luhansk Region
2) 27 July 2005, Krasniy Luch Town Court of the Luhansk Region
72660/10
19/11/2010
Irina Lvovna OZHGIKHINA , 28/12/1973
Vladislav Nikolayevich BYCHKOVSKIY
2 August 2005, Krasniy Luch Town Court of the Luhansk Region
72685/10
19/11/2010
Olga Gennadiyevna KRUZHALINA ,
11/02/1961
Vladislav Nikolayevich BYCHKOVSKIY
7 July 2005, Krasniy Luch Town Court of the Luhansk Region
72688/10
19/11/2010
Yelena Sergeyevna BUTKO , 11/05/1953
Vladislav Nikolayevich BYCHKOVSKIY
1) 9 July 2003, Krasniy Luch Town Court of the Luhansk Region
2) 6 June 2005, Krasniy Luch Town Court of the Luhansk Region
73010/10
29/11/2010
Aleksandr Viktorovich LUGOVOY ,
10 July 2008, Pervomaiskiy Town Court of the Kharkiv Region
74036/10
29/11/2010
Galina Semenovna LUGOVAYA ,
28 August 2008, Pervomaiskiy Town Court of the Kharkiv Region
1078/11
24/12/2010
Pavel Nikolayevich ZAKHAROV ,
09/06/1947
Vladyslav Mykolayovych BYCHKOVSK I Y
15 June 2005, Krasniy Luch Town Court of the Luhansk Region
1121/11
24/12/2010
Sergey Dmitriyevich MARCHENKO ,
17/10/1952
Vladyslav Mykolayovych BYCHKOVSK I Y
27 July 2005, Krasniy Luch Town Court of the Luhansk Region
1134/11
24/12/2010
Lyubov Nikolayevna AGAFONOVA ,
19/02/1951
Vladyslav Mykolayovych BYCHKOVSK I Y
1 March 2004, Krasniy Luch Town Court of the Luhansk Region
1148/11
24/12/2010
Lyudmila Dmitriyevna MARCHENKO ,
01/03/1950
Vladyslav Mykolayovych BYCHKOVSK I Y
27 July 2005, Krasniy Luch Town Court of the Luhansk Region
1250/11
24/12/2010
Olga Petrivna ZHDANOVA , 21/02/1954
18 February 2005, Lysychansk Town Court of the Luhansk Region
1507/11
24/12/2010
Ganna Kuzmivna OLEYNIKOVA ,
28/04/1935
1) 8 April 2005, Labour Disputes Commission of the Remontno Mekhanichnyi Zavod , OJSC (ДВАТ « Ремонтно-механічний завод »)
2) 27 April 2006, Labour Disputes Commission of the Remontno Mekhanichnyi Zavod , OJSC (ДВАТ « Ремонтно-механічний завод »)
1651/11
19/12/2010
Lidiya Mykhaylivna KOLOSOVA ,
11/05/1950
3 February 2005, Lysychansk Town Court of the Luhansk Region
APPENDIX 2 (no n -enforcement delays less than three years)
No.
Application
no. and date of introduction
Applicant ’ s name and
date of birth (if known)
Represented by
Final domestic decision details
10449/10
05/02/2010
Vladimir Denisovich RUDEN ,
06/10/1947
Viktor Andreyevich LITVINENKO
17 September 2009, Kostyantynivka Town Court of the Donetsk Region
30615/10
19/05/2010
Aleksandr Sergeyevich MIRONOV ,
27/04/1958
28 September 2009, Tsentralno-Miskiy District Court of Gorlivka
31747/10
11/05/2010
Sergiy Ivanovych BAKHMET , 01/01/1956
21 July 2009, Sieverodonetsk Town Court of the Luhansk Region
31755/10
11/05/2010
Sergiy Ivanovych BAKHMET , 01/01/1956
21 July 2009, Sieverodonetsk Town Court of the Luhansk Region
31763/10
11/05/2010
Sergiy Ivanovych BAKHMET , 01/01/1956
17 December 2009, Sieverodonetsk Town Court of the Luhansk Region
31764/10
11/05/2010
Sergiy Ivanovych BAKHMET , 01/01/1956
17 December 2009, Sieverodonetsk Town Court of the Luhansk Region
36723/10
22/03/2010
DONBAS-2003
Oleksandr Petrovych BILOKON
7 December 2009, Luhansk Regional Commercial Court
40292/10
06/07/2010
Aleksandr Sergeyevich CHUPRUN ,
04/12/1979
1 July 2009, Balaklavskiy District Court of Sevastopol (entered into force on 6 April 2010)
64233/10
07/10/2010
Mykola Mykhaylovych MOSHKIVSKYY , 10/10/1970
15 February 2010, Ovruch District Court of the Zhytomyr Region
65511/10
27/10/2010
Alla Mykolayivna ZAVOROTNYA ,
30/09/1974
27 March 2009, Svitlovodsk Town Court of the Kirovohrad Region (entered into force on 16 September 2009)
66696/10
26/10/2010
Aleksandr Vasilyevich VASKO ,
12/08/1955
27 January 2010, Leninskiy District Court of Sevastopol
72640/10
09/11/2010
Volodymyr Vitaliyovych SOPRUN ,
01/01/1961
28 December 2009, Vinnytsya Regional Administrative Court
2198/11
30/12/2010
KYIVREKONSTRUKTSIYA, VAT
15 February 2010, Kyiv City Commercial Court of Appeal
3240/11
30/12/2010
Tetyana Vasylivna YEGORUSHKOVA ,
24/09/1951
1) 3 November 2009, Lysychansk Town Court of the Luhansk Region
2) 23 July 2010, Labour Disputes Commission of the Lysychanskiy Zavod Humovo-tekhnichnykh Vyrobiv , OJSC (ВАТ « Лисичанський завод гумово-технічних виробів »).
4198/11
30/12/2010
Vyacheslav Mykolayovych LOBKO ,
06/08/1970
1) 28 October 2009, Lysychansk Town Court of the Luhansk Region
2) 23 July 2010, Labour Disputes Commission of the Lysychanskiy Zavod Humovo-tekhnichnykh Vyrobiv , OJSC (ВАТ « Лисичанський завод гумово-технічних виробів »)
4630/11
05/01/2010
Gennadiy Mykhaylovych SHCHEPOTYEV , 20/08/1969
Oleg Stepanovych STYOPOCHKIN
22 March 2010, Avtozavodskiy District Court of Kremenchuk