FIFTH SECTION
DECISION
Application no. 43781/12
Viktor Nikolayevich IVANCHENKO against Ukraine
and 7 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 27 May 2014 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Vincent A. De Gaetano, judges,
and Stephen Phillips, Deputy Section Rˆegistrar,
Having regard to the above applications lodged on the various dates stated in the annexed table,
Having regard to the formal declarations accepting a friendly settlement of the cases submitted on the various dates stated in the annexed table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicants complained under Articles 6 § 1 and 13 of the Convention about the length of proceedings.
The applications were communicated to the Government.
On the various dates stated in the annexed table the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the amounts detailed in the annexed table to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment, and would be free of any taxes that might be applicable. The sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook 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
The Court takes note, for each case, 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 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.
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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Date of declaration
(Government)
Date of declaration
(Applicant)
Sum awarded
43781/12
14/05/2012
Viktor Nikolayevich IVANCHENKO
14/10/1967
Artemivsk
Ukrainian
19/12/2012
22/10/2013
1,200 EUR
78039/12
23/11/2012
Mykola Illich PAVLYUK
02/10/1960
Sukhodilsk
Ukrainian
14/11/2013
30/10/2013
3,900 EUR
16793/13
09/02/2013
Sergey Ivanovich MAKAROV
19/09/1959
Dnipropetrovsk
Ukrainian
01/11/2013
30/09/2013
1,200 EUR
22032/13
19/03/2013
ARKADIYA PKT, TOV
Sevastopol
Ukrainian
Represented by
Sergey Anatolyevich ZAYETS
01/11/2013
04/10/2013
2,400 EUR
27187/13
09/04/2013
Valeriy Mikhaylovich RUKHLENKO
17/08/1952
Gorlivka
Ukrainian
24/10/2013
08/10/2013
500 EUR
35265/13
22/05/2013
Nadiya Bogdanivna FOKIY
08/06/1955
Chernivtsi
Ukrainian
Vasyl Petrovych FOKIY
08/06/1955
Chernivtsi
Ukrainian
Represented by
Bogdan Vasylyovych FOKIY
24/10/2013
25/10/2013
400 EUR jointly
35637/13
22/04/2013
Alla Vasilyevna KOPYLOVA
11/10/1961
Minsk
Belarusian
01/11/2013
28/10/2013
1,200 EUR
42635/13
19/06/2013
Oleg Petrovich USHAKOV
03/06/1953
Balta
Ukrainian
24/10/2013
10/10/2013
1,200 UER
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