FIFTH SECTION
DECISION
Application no. 35966/06
Nataliya Vladimirovna PODOLSKAYA against Ukraine
and 5 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 27 September 2011 as a Committee composed of:
Boštjan M. Zupančič, President,
Ganna Yudkivska,
Angelika Nußberger, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above six applications lodged on various dates,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applications were lodged by six Ukrainian nationals whose names, dates of birth and places of residence are tabulated below.
The Ukrainian Government (“the Government”) were represented by their Agent, Ms V. Lutkovska, of the Ministry of Justice.
The applicants complained mainly under Articles 6 § 1 and 13 of the Convention about the length of the court proceedings in their cases.
The Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications against an undertaking by the Government to pay the applicants the sums in euros as noted in the Annex to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Ukrainian hryvnia at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. The sums 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 these sums within the said three-month period, the Government will undertake to pay simple interest on them, from expiry of that period until settlements, 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
The Court takes note of the friendly settlement reached between the parties. It is satisfied that this settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).
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 the list of cases.
Stephen PhillipsBoštjan M. Zupančič Deputy Registrar President
Annex
No.
Appl.
Number
Name of the applicant, born in, lives in
Date of introduction
Date of signing friendly settlement declaration by
Government │ Applicant
Sum of the friendly settlement
35966/06
PODOLSKAYA Nataliya Vladimirovna, 1960, Dnipropetrovsk
27/08/2006
03/06/2011
15/04/2011
1,800
8673/07
MISHCHENKO
Svitlana Viktorivna, 1938, Kyiv (the applicant died on 19/09/2008 and her widower, Mr Kostyantyn Omelyanovych
Mischenko, expressed his wish to pursue the application)
07/02/2007
22/04/2011
28/04/2011
2,600
8973/07
TETERVOVA Lyudmila Nikolayevna, 1958, Zelenodolsk
14/02/2007
22/04/2011
22/03/2011
3,400
34779/07
TYUPINA Nataliya Petrivna, 1952, Ivano-Frankivsk
21/07/2007
05/11/2010
5/11/2010
1,300
27861/08
RUD Maryna Andriyivna, 1965, Kremenchuk
02/06/2008
29/04/2011
07/06/2011
3,500
50608/08
TYMBAY Anatoliy Vasylyovych, 1986, Tamorske
10/10/2008
29/04/2011
22/04/2011
900
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