FIFTH SECTION
DECISION
Application no. 3834/10
Igor Volodymyrovych PECHONKA against Ukraine
and 5 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 2 April 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 the various dates stated in the annexed table,
Having regard to the decision to apply the pilot-judgment procedure taken in the case of Yuriy Nikolayevich Ivanov v. Ukraine (no. 40450/04, ECHR 2009‑... (extracts)),
Having regard to the comments submitted by the Ukrainian Government, requesting the Court to declare the applications inadmissible as an abuse of the right of petition,
Having deliberated, decides as follows:
THE FACTS
The applicants are 6 Ukrainian nationals whose names and dates of birth are tabulated below. All the applicants reside in Starokosyantyniv, Ukraine.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr Nazar Kulchytskyy, of the Ministry of Justice.
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 11 December 2006 the Zamostyanskyy District Court of Vinnytsya held in applicants’ favour and ordered the Military Base A-2502 (the applicants’ former employer) to pay them various amounts of monetary compensation. On 16 January 2007, after the judgment had become binding, the court issued the enforcement writs. The enforcement of the judgment was delayed.
The applications were communicated to the Ukrainian Government within the pilot judgment in the case of Yuriy Nikolayevich Ivanov cited above.
By letters of 22 March 2012 and 6 September 2012, the respondent Government informed the Court that, according to the findings of an inquiry carried out by the Ukrainian authorities, the judgment of 11 December 2006 and the enforcement writs were not authentic documents. The Court was also informed that on 1 March 2012 criminal proceedings had been instituted as to the forgery of the abovementioned documents.
The applicants did not reply to the submissions of the Government.
COMPLAINTS
The applicants complained about the lengthy non-enforcement of the judgments in their favour.
THE LAW
The Court first considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common legal background.
The Court notes that in support of their applications the applicants relied on a judgment given by the Zamostyanskyy District Court of Vinnytsya on 11 December 2006. It further notes that in support of their allegations the applicants submitted the enforcement writs issued by the Zamostyanskyy District Court of Vinnytsya on 16 January 2007. The Court lastly notes that, according to the findings of inquiries carried by the Ukrainian authorities, these two documents were forged and that the applicants have not disputed these findings.
The Court reiterates that an application may be rejected as abusive under Article 35 § 3 of the Convention, among other reasons, if it was knowingly based on untrue facts (see, as to abuse of the right of application, Varbanov v. Bulgaria, no. 31365/96, § 36, ECHR 2000-X; Popov v. Moldova (no. 1), no. 74153/01, § 48, 18 January 2005; Rehak v. Czech Republic (dec.), no. 67208/01, 18 May 2004; and Kérétchachvili v. Georgia (dec.), no. 5667/02, 2 May 2006).
It follows that the applications must be rejected as a whole as an abuse of the right of application pursuant to Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
3834/10
16/10/2009
Igor Volodymyrovych PECHONKA
22/06/1966
16022/10
12/03/2010
Oleksandr Leonidovych GOLYUK
01/01/1967
28495/10
05/05/2010
Anatoliy Bronislavovych PELYKHIVSKYY
26/11/1962
35504/10
09/06/2010
Oleg Mykhaylovych YAKYMETS
13/11/1967
36182/10
16/06/2010
Vyacheslav Karlovych YASHCHUK
08/10/1963
36465/10
09/06/2010
Oleksandr Petrovych PYLYPCHUK
01/01/1967
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