FIFTH SECTION
DECISION
Application no. 43444/10
Aleksandr Vladimirovich KOMAR against Ukraine
and 4 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 28 April 2016 as a Committee composed of:
André Potocki, President,
Ganna Yudkivska,
Síofra O’Leary, judges,
and Hasan Bakırcı, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The first and the third applicants were represented respectively by Mr S. G. Yakymenko, a lawyer practising in Kryvyy Rig, and Mr D.V. Semenenko, a lawyer practising in Kharkiv.
The applicants’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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.
Done in English and notified in writing on 19 May 2016.
Hasan BakırcıAndré Potocki
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[i]
43444/10
22/07/2010
Aleksandr Vladimirovich KOMAR
26/12/1976
Yakymenko Sergiy Georgiyovych
Kryvyy Rig
23/12/2015
03/11/2015
1,600
74860/10
15/12/2010
Gennadiy Valentinovich KOSTYRKIN
16/04/1950
05/01/2016
05/01/2016
8,600
2776/12
22/12/2011
Anton Sergeyevich SHIPOVSKIY
03/09/1982
Semenenko Dmitriy Viktorovich
Kharkiv
06/01/2016
12/02/2016
900
32236/15
12/05/2008
Natalya Mykhaylivna SHCHERBATA
02/03/1959
05/01/2016
12/01/2016
1,800
39578/15
31/07/2015
Lidiya Petrivna GAVRYSHCHUK
24/08/1950
05/01/2016
10/11/2015
1,800
[i] Plus any tax that may be chargeable to the applicants.
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