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 Government”) were represented by Ms V. Lutkovska, of the Ministry of Justice.
On the dates set out in the table below the domestic courts and a commission on labour disputes (applications nos. 56567/08, 26444/09 and 26446/09) ordered the authorities to pay the 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. Referring to the Yuriy Nikolayevich Ivanov pilot judgment (Yuriy Nikolayevich Ivanov v. Ukraine, no. 40450/04, ECHR 2009‑... (extracts)), the Government submitted to the Court several unilateral declarations aimed at resolving the non-enforcement issues raised in the applications. By the above declarations, the Government acknowledged the excessive duration of the enforcement of the decisions in the applicants’ favour and declared that they were ready to pay the applicants the outstanding debts under the decisions and the sums 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 sums 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 the Convention. In particular, under Article 37 § 1 (c) the Court may strike 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 the 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 declarations, the Court understands them as intending to give the applicants 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 referred to ex gratia principle of such payment. It also 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 Protocols thereto does not require it to continue the examination of these complaints. Accordingly, the applications should 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 declarations 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 PhillipsMark Villiger
Deputy RegistrarPresident
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, 1954
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 ILICH, 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 NIKOLAYEVNA, 1958
14 October 2006
Donetsk Regional Court of Appeal, 2 April 2004
1,335
10
5004/07
KLIMOV
VIKTOR MAKSIMOVICH, 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
MYKHALCHUK
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
VASILIY GRIGORYEVICH, 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 NIKOLAY IVANOVICH, 1943
12 March 2007
Krasnyy Luch Court, 28 July 2005, 18 July 2007
705
24
36016/07
KIRICHENKO 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 VLADIMIR 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
KUTINSKIY
STEPAN MIKHAYLOVICH, 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 ANATOLIY NIKOLAYEVICH, 1971
15 April 2008
Krasnyy Luch Court, 23 January 2002
1,680
40
23981/08
BARABASH
NIKOLAY FILIPPOVICH, 1946
16 May 2008
Volodar Court, 15 November 2006
795
41
24401/08
PRAVDIKOVSKAYA
LYUBOV VIKTOROVNA, 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 GRIGORYEVICH, 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 STEFAN 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 YELISEYEVICH, 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
VALERIY 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 OLEGOVICH, 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
NATALYA PAVLOVNA, 1952
30 January2009
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
SOKOLOVSKAYA
YELENA PETROVNA, 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 FILIPPOVICH, 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 DMITRIYEVICH, 1955
28 April 2009
Lysychanskyy District Court of Lugansk,
12 February 2008
405
75
30626/09
GORYUNOV
KONSTANTIN 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
NIKOLAY 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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