FIRST SECTION
DECISION
Application no. 36937/02
by Valentin Petrovich SHCHUKIN
against Russia
The European Court of Human Rights (First Section), sitting on 10 January 2008 as a Chamber composed of:
Christos Rozakis, President,
Loukis Loucaides,
Nina Vajić,
Anatoli Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 23 September 2002,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Valentin Petrovich Shchukin, is a Russian national who was born in 1952 and lives in Tambov. The respondent Government were initially represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their new Representative, Mrs V. Milinchuk.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant took part in the emergency operations on the site of the Chernobyl nuclear disaster. As a consequence, he was entitled to social benefits structured in monthly payments.
Between 2000 and 2004 the applicant obtained six judgments against the local social security service awarding him social benefits arrears and penalty for the belated payments. The judgments were enforced with delays ranging from ten months to more than three years.
COMPLAINT
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 about the delays in enforcement of the judgments in his favour.
THE LAW
On 22 May 2007 the Government informed the Court that they had reached friendly settlement with the applicant. They enclosed a copy of the friendly settlement agreement of 23 March 2007 concluded between the applicant and the Tambov Regional Social Security Service, and a copy of the decision of the Oktyabrskiy District Court of Tambov of 29 March 2007 confirming the agreement. Under the friendly settlement agreement the Social Security Service undertook to pay the applicant 5,250 euros in respect of non-pecuniary damage. It was further stipulated that, subject to the fulfilment of the above undertaking, the applicant had no further claims against the authorities of the Russian Federation in respect of the facts set out in his application before the Court.
By letter of 27 July 2007, the applicant confirmed that he had received the amount due under the friendly settlement agreement and expressed his wish to withdraw his application.
The Court recalls Article 37 of the Convention which, in so far as relevant, provides as follows:
“The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
...
(b) the matter has been resolved;
...
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
The Court takes note of the friendly settlement reached between the parties at domestic level. The amount stipulated therein was reasonable as to quantum and it was paid to the applicant without undue delay. In these circumstances, the Court considers that the matter was resolved at the domestic level (see Sarkisyan v. Russia (dec.), no. 20812/03, 2 March 2006). Furthermore, the Court is satisfied that respect for human rights as defined in the Convention and its Protocols does not require it at present to continue the examination of the application (Article 37 § 1 in fine). 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.
André WampachChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy