FIFTH SECTION
DECISION
Application no. 19267/04
by Taras Mykolayovych MARITCHAK and Others
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 October 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrJ. Borrego Borrego,
MrsR. Jaeger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 29 March 2004,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having regard to the decision to grant priority to the above application under Rule 41 of the Rules of Court.
Having deliberated, decides as follows:
THE FACTS
The applicants’ details are as follows:
- the first applicant, Mr Taras Mykolayovych Maritchak, born in 1960;
- the second applicant, Mr Yuriy Ivanovych Nikitin, born in 1965;
- the third applicant, Mr Yuriy Mykolayovych Makarov, born in 1946;
- the fourth applicant, Mr Bogdan Romanovych Sirko, died on 13 September 2006, the application is supported by his widow, Mrs Mariya Volodymyrivna Sirko;
- the fifth applicant, Mrs Bogdanna Ivanivna Brukh, born in 1948;
- the sixth applicant, Mr Volodymyr Mykhaylovych Gavrylov, born in 1954;
- the seventh applicant, Mr Oleksandr Ivanovych Leon, born in 1960;
- the eighth applicant, Mrs Galyna Yaroslavivna Mykhaylyshyn, born in 1959;
- the ninth applicant, Mr Mykola Grygorovych Voloshyn, born in 1937.
All the applicants are Ukrainian nationals. They all are judges of the L’viv Regional Court of Appeal (except Mr Mykola Voloshyn who already retired) and reside in L’viv.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
The facts of the case, as submitted by the applicants, may be summarised as follows.
In May 2002 the applicants lodged complaint with the Pechersky District Court of Kyiv against the Ministry of Finance, the Ministry of Justice, the L’viv Regional Court of Appeal and the State Treasury, seeking payment of salary arrears and life-term judicial benefits.
On 21 June 2002 the Pechersky District Court of Kyiv allowed the applicants’ claim in part. It also ordered the Ministry of Finances and the State Treasury of Ukraine to pay the applicants the following sums (in UAH[1]):
No.
Name
UAH
1.
Taras Mykolayovych Maritchak
3,592.65
2.
Yuriy Ivanovych Nikitin
3,692.12
3.
Yuriy Mykolayovych Makarov
4,167.94
4.
Bogdan Romanovych Sirko
3,477.90
5.
Bogdanna Ivanivna Brukh
6,477.65
6.
Volodymyr Mykhaylovych Gavrylov
3,964.47
7.
Oleksandr Ivanovych Leon
3,275.13
8.
Galyna Yaroslavivna Mykhaylyshyn
3,314.49
9.
Mykola Grygorovych Voloshyn
7,318.54
On 30 September 2002 the Kyiv City Court of Appeal upheld this judgment.
The applicants complained that their numerous petitions and requests to the Pechersky District Execution Service as to the non-enforcement of the above-mentioned judgment had been neglected.
On 15 August 2005 the judgment’s debts were paid to the applicants in full.
COMPLAINTS
The applicants complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the lengthy non-enforcement of the judgment of the Pechersky District Court of Kyiv of 21 June 2002.
THE LAW
On 3 January 2007 the Court received the following declarations, signed by the applicants:
1. “I, Taras Mykolayovych Maritchak, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
2. “I, Yuriy Mykolayovych Makarov, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
3. “I, Bogdanna Ivanivna Brukh, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
4. “I, Volodymyr Mykhaylovych Gavrylov, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
5. “I, Oleksandr Ivanovych Leon, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
6. “I, Mykola Grygorovych Voloshyn, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 1 March 2007 the Court received the following declarations from the Government:
1. “I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Taras Mykolayovych Maritchak with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
2. “I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Yuriy Mykolayovych Makarov with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
3. “I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Ms Bogdanna Ivanivna Brukh with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
4. “I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Volodymyr Mykhaylovych Gavrylov with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
5. “I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Oleksandr Ivanovych Leon with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
6. “I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Mykola Grygorovych Voloshyn with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
On 2 April 2007 the Court received the following declaration, signed by Mrs Sirko:
“I, Mariya Volodymyrivna Sirko, a widow and a legal representative of Mr Bogdan Romanovych Sirko, note that the Government of Ukraine are prepared to pay to the applicant’s estate ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable to the applicant’s estate after notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights and within three months from the date of the appointment of the applicant’s heirs (see Zamula and Others v. Ukraine, no. 10231/02, § 49, 8 November 2005). In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
I note the acceptance by the Government in their Declaration that my complaints raise issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 4 April 2007 the Court received the following declaration from the Government:
“I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to the heir(s) of Mr Bogdan Romanovych Sirko with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 3,000 (three thousand euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable to the applicant’s estate after notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights and within three months from the date of the appointment of the applicant’s heirs (see Zamula and Others v. Ukraine, no. 10231/02, § 49, 8 November 2005). In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.
The Government agree that the present case raises issues similar to those already examined in the judgment of Zubko and Others v. Ukraine (nos. 3955/04, 5622/04, 8538/04 and 11418/04, §§ 10, 16, 32 and 74, 26 April 2006).”
In letters received by the Court on 3 and 16 January 2007 Mr Nikitin and Mrs Mykhaylyshyn stated that the judgment’s debts owed to them had been paid in full. They expressed the desire to withdraw their applications and requested the Court to terminate their complaint proceedings.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that these settlements are based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Furthermore, having regard to Article 37 § 1 (a) of the Convention, the Court concludes that Mr Nikitin and Mrs Mykhaylyshyn do not intend to pursue their applications. Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
In view of the above, it is appropriate to discontinue the application of Article 29 § 3 of the Convention and to strike the case out the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia Westerdiek Peer Lorenzen
RegistrarPresident
[1]. Sums ranging from EUR 628.53 to EUR 1,404.47.
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