FIFTH SECTION
DECISION
Application no. 3817/10
Vasyl Volodymyrovych SHPYCHKA against Ukraine
and 5 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 16 June 2016 as a Committee composed of:
Khanlar Hajiyev, President,
Faris Vehabović,
Carlo Ranzoni, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law.
The second applicant in application no. 29527/10 and the applicant in application no. 49548/10 also raised other complaints under various articles of the Convention.
The Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law;
Declares the part of application no. 29527/10 concerning the complaints of Mr Golikov and the remainder of application no. 49548/10 inadmissible.
Done in English and notified in writing on 7 July 2016.
Hasan BakırcıKhanlar Hajiyev
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant (in euros)[i]
3817/10
14/01/2010
Vasyl Volodymyrovych SHPYCHKA
27/10/1955
22/12/2015
21/03/2016
3,600
27588/10
30/04/2010
Aleksandr Petrovich BUGA
01/06/1942
05/04/2016
08/04/2016
6,200
29527/10
15/05/2010
Taisiya Nikolayevna BONDARENKO
05/11/1948
Aleksandr Ivanovich GOLIKOV
06/12/1962
05/04/2016
02/09/2015
900
(first applicant only)
49548/10
12/07/2010
Mykola Grygorovych SHYLO
01/03/1947
05/04/2016
11/08/2015
1,200
10299/13
29/01/2013
Olga Anatolyevna LADNOVA
29/03/1960
05/04/2016
17/09/2015
4,200
56514/13
29/08/2013
Anna Vasilyevna MIKHTUNETS
11/03/1951
05/04/2016
22/10/2015
1,800
[i] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy