FIFTH SECTION
DECISION
Application no. 20566/05
by Ivan Konstantinovich SERKOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 September 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 12 May 2005,
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 deliberated, decides as follows:
THE FACTS
The applicant, Mr Ivan Konstantinovich Serkov, is a Ukrainian national who was born in 1935 and lives in Dnipropetrovsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
On 21 March 2001 the Novogrodivka City Court (Новогродівський міський суд) awarded the applicant UAH 2,978.50[1] in salary arrears and UAH 1,280.88[2] in other payments from his employer, the State OJSC Mine “Novogrodivska 1/3” (ДВАТ „Новогродівська” 1/3). This decision became final, and the enforcement proceedings were initiated to collect the judgment debt. The judgment remains partly unenforced to the present day.
The applicant has attempted to obtain compensation from various entities for the delay in the enforcement; however, his attempts have been to no avail.
COMPLAINTS
The applicant complained under Articles 6 § 1, 13 and Article 1 of Protocol No. 1 to the Convention about the lengthy non-enforcement of the court judgment given in his favour.
He further alleged, relying on Articles 6 § 1 and 13 of the Convention, that his proceedings for compensation for the delay in the enforcement were unfair.
THE LAW
On 31 July 2007 the Court received the following declaration from the Government:
I, Yuriy ZAYTSEV, Government Agent before the European Court of Human Rights, declare that the Government of Ukraine offer to pay Mr Ivan Konstantinovich SERKOV the debt still owed to him under the judgment of 21 March 2001 as well as to pay him ex gratia the sum of EUR 2,300 (two thousand three hundred euros) with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
The sum of EUR 2,300 (two thousand three hundred euros) 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. This sum 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 the above 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.
On 6 June 2007 the Court received the following declaration, signed by the applicant:
I, Ivan Konstantinovich SERKOV, note that the Government of Ukraine are prepared to pay me the debt still owed to me under the judgment of 21 March 2001 as well as to pay me ex gratia the sum of EUR 2,300 (two thousand three hundred euros) with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
The sum of EUR 2,300 (two thousand three hundred euros) 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. This sum 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 the above 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 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.
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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
[1]. EUR 605.22.
[2]. EUR 260.27.
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