FIFTH SECTION
DECISION
Applications nos. 14821/08 and 11980/09
Ibragim Mustafayevich BERBER against Ukraine
and Oleksandr Volodymyrovych RUZHANSKYY against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 15 October 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on 12 March 2008 and 20 February 2009 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Ibragim Mustafayevich Berber, is a Ukrainian national, who was born in 1986 and lives in Andrusove. He was represented before the Court by Mr N.V. Gurepka, a lawyer practising in Simferopol.
The applicant in the second case, Mr Oleksandr Volodymyrovych Ruzhanskyy, is a Ukrainian national, who was born in 1984 and lives in Kyiv.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy, of the Ministry of Justice.
The applicants mainly complained under Article 2 of Protocol No. 7 about no possibility to appeal against the decision concerning an administrative offence provided in the national law at the material time.
On 25 March 2013 and 17 April 2013 respectively for the applicants and 18 April 2013 for the Government, the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications against an undertaking by the Government to pay them 1,000 (one thousand) euros to cover any non-pecuniary damage as well as costs and expenses, to be converted into the national currency at the rate applicable on the date of payment, and to be free of any taxes that may be applicable. It should be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 payment will constitute the final resolution of the cases.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
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