THIRD SECTION
DECISION
Application no. 24000/06
Stanislav Georgiyevich LAZAREV and Vladimir Georgiyevich LAZAREV against Russia
and 8 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 9 November 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, 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 applicants’ complaints under Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Russia 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 30 November 2017.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses per applicant / household
(in euros)[i]
24000/06
24/05/2006
Household
Stanislav Georgiyevich Lazarev
13/01/1943
Vladimir Georgiyevich Lazarev
24/05/1949
03/04/2017
10/02/2017
1,500
71804/12
24/09/2012
Aleksandr Aleksandrovich Belyy
03/04/2017
03/03/2017
1,500
13420/13
31/01/2013
Ella
Yuryevna
Tseplaya
25/06/1977
03/04/2017
07/02/2017
1,500
16031/13
22/12/2012
Sergey Nikolayevich Semenov
20/03/1949
03/04/2017
06/03/2017
1,500
26703/13
21/03/2013
Lev
Aleksandrovich Sokolov
17/07/1983
03/04/2017
03/02/2017
1,500
40773/13
24/05/2013
Oksana Anatolyevna Lutsenko
11/10/1982
Proskurina
Olga
Vasilyevna
Rostov-na-Donu
03/04/2017
16/03/2017
1,500
48292/13
27/06/2013
Inna
Vladimirovna Belaya
09/10/1985
03/04/2017
12/04/2017
1,500
79581/16
08/12/2016
Mikhail Sergeyevich
Onisko
15/04/2010
12/07/2017
17/07/2017
1,500
3405/17
26/12/2016
Viktor
Vasilyevich Fomenko
07/04/1952
Art. 13 - lack of any effective remedy in domestic law -
12/07/2017
06/07/2017
1,500
[i]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy