FIFTH SECTION
DECISION
Application no. 19367/05
by Galina Mikhaylovna SMETANENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 13 November 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrM. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 5 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, Ms Galina Mikhaylovna Smetanenko, is a Ukrainian national who was born in 1938 and lives in Novogrodivka. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
On 27 May 2004 the Novogrodivka Court (Новогродівський міський суд) awarded the applicant 1,125.57 hryvnyas (UAH)[1] in salary arrears and UAH 5,878.45[2] in other payments from her former employer, the State OJSC Mine “Novogrodivska 1/3” (Шахта Новогродівська 1/3 ДП „Селідоввугілля”). This decision was not appealed against, became final, and the enforcement proceedings were instituted to collect the debt.
The judgment remains partly unenforced to the present day.
The applicant has unsuccessfully attempted to obtain compensation from the Bailiffs for their failure to enforce the judgment. As of June 2007 her proceedings against the Bailiffs were pending on her appeal in cassation.
COMPLAINTS
The applicant complained about the failure of the domestic authorities to enforce the judgment given in her favour in due time. She relied on Articles 6 § 1 and 13 of the Convention and on Article 1 of Protocol No. 1.
THE LAW
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 Mrs Galina Mikhaylovna SMETANENKO the debt still owed to her under the judgment of 27 May 2004 as well as to pay her ex gratia the sum of EUR 1,300 (one 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 1,300 (one 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”.
The Court received the following declaration signed by the applicant:
“I, Galina Mikhaylovna SMETANENKO, note that the Government of Ukraine are prepared to pay me the debt still owed to me under the judgment of 27 May 2004 as well as to pay me ex gratia the sum of EUR 1,300 (one 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 1,300 (one 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). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
[1]. EUR 179.81.
[2]. EUR 939.13.
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