FIFTH SECTION
DECISION
Application no. 11690/08
Lidiya Vasilyevna RENZYAYEVA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 November 2014 as a Committee composed of:
Boštjan M. Zupančič, President,
Helena Jäderblom,
Aleš Pejchal, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 7 February 2008,
Having regard to the declaration submitted by the respondent Government on 22 March 2012 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Lidiya Vasilyevna Renzyayeva, is a Ukrainian national, who was born in 1953 and lives in Sevastopol.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the non-execution of the judgments in her favour.
The application was communicated to the Government.
By letter dated 22 March 2012 the Government, in the course of exercising the procedure of the pilot judgment Yuriy Nikolayevich Ivanov v. Ukraine, no. 40450/04, 15 October 2009, informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
The declaration provided as follows:
“The Government of Ukraine acknowledge the excessive duration of the enforcement of the decision of Balaklavskyy District Court of Sevastopol of 01.03.2007 from 11.03.2007 (the date the decision had become final) and to the present time.
The Government of Ukraine are ready to pay the applicant the sum of 21 025 (twenty one thousand and twenty five) UAH by the decision of Balaklavskyy District Court of Sevastopol of 01.03.2007 and 855 (eight hundred and fifty five) euros, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses.
The Government therefore invite the Court to strike the application out of the list of cases. They suggest that the present declaration might be accepted by the Court as “any other reason” justifying the striking out of the case of the Court’s list of cases, as referred to in Article 37 § 1 (c) of the Convention.
The sum of 855 euros will be free of any taxes that may be applicable. It is to be converted into the national currency of Ukraine at the rate applicable at the date of settlement and it will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this amount within the abovementioned 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.
This payment will constitute the final resolution of the case.”
On 1 June 2012 the Court received a letter from the applicant informing the Court that she agreed to the terms of the Government’s declaration.
THE LAW
The Court takes note of a 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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Stephen PhillipsBoštjan M. Zupančič
RegistrarPresident
Full & Egal Universal Law Academy