FIFTH SECTION
DECISION
This version was rectified on 18 January 2012
under Rule 81 of the Rules of Court
Application no. 13283/05
Viktoriya Vasilyevna ZHEYDA against Ukraine
and 51 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 13 December 2011 as a Committee composed of:
Mark Villiger, President,
Karel Jungwiert,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on various dates,
Having regard to the decision to apply the pilot-judgment procedure taken in the case of Yuriy Nikolayevich Ivanov v. Ukraine (no. 40450/04, ECHR 2009‑... (extracts)),
Having regard to the unilateral declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
Having deliberated, decides as follows:
THE FACTS
The applicants are Ukrainian nationals whose details are specified in the table below. The Ukrainian Government (“the Government”) were represented by Ms Valeria Lutkovska and Mr Nazar Kulchytskyy, of the Ministry of Justice.
Mr Mishura (the second applicant in the application no. 42183/08) died on 2 January 2011 and Mrs Mishura (the first applicant) expressed in substance her wish to pursue his part of the application.
The facts of the case, as submitted by the parties, may be summarised as follows.
On the dates set out in the table below the domestic courts or the labour dispute commissions (“the LDC”) of the State enterprises held for the applicants and ordered the authorities to pay them various pecuniary amounts or take certain actions. The decisions in the applicants’ favour became final but the authorities delayed their enforcement.
COMPLAINTS
The applicants complained about the delayed enforcement of the decisions given in their favour. Some of them also raised other complaints.
THE LAW
1. The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common factual and legal background.
2. After the communication of the cases to the respondent Government some applicants raised new complaints about the delayed enforcement of other decisions given in their favour. In the Court’s view, these complaints are not an elaboration of the applicants’ original complaints (see Piryanik v. Ukraine, no. 75788/01, § 20, 19 April 2005). Therefore, the scope of the cases before it is limited to the applicants’ original complaints. Their new complaints will be dealt with in separate applications.
3. Following the Yuriy Nikolayevich Ivanov pilot judgment cited above, on various dates (see the table below) the Government submitted several unilateral declarations aimed at resolving the issues raised by the applicants. By these declarations the Government acknowledged the excessive duration of the enforcement of the decisions given in the applicants’ favour, expressed their willingness to enforce the decisions which have not been enforced yet and offered the applicants various compensation sums (for the sums, see the table below).
The Government invited the Court to strike the applications out of the list of cases. They suggested that the declarations might be accepted by the Court as “any other reason” justifying the striking out of the case of the Court’s list of cases, as referred to in Article 37 § 1 (c) of the Convention.
The declarations also provided that the compensation sums were to cover any pecuniary and non-pecuniary damage as well as costs and expenses and would be free of any taxes that may be applicable[1], to be converted into the national currency of the respondent State at the rate applicable at the date of settlement. They would 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 these sums within the said three-month period, the Government undertook to pay simple interest on them 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. This payment would constitute the final resolution of the cases.
The applicants either disagreed with the declarations on various grounds and requested the Court to pursue the examination of their cases or did not provide any comments.
The Court reiterates that it may at any stage of the proceedings strike an application out of its list of cases where the circumstances lead to the conclusions specified under Article 37 § 1 (a)-(c) of the Convention. In particular, under Article 37 § 1 (c) the Court may strike a case out of its list if for any other reason established by the Court, it is no longer justified to continue the examination of the application.
Article 37 § 1 in fine states:
“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 also reiterates that in certain circumstances it may strike out an application under Article 37 § 1 (c) on the basis of a unilateral declaration made by a respondent Government even if the applicant wishes the examination of the case to be continued (see Tahsin Acar v. Turkey (preliminary objection) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI).
The Court recalls that in the aforementioned pilot judgment it ordered Ukraine to grant redress to the applicants whose applications were communicated to the Government before the delivery of the judgment or would be communicated further to the judgment and concerned complaints about the prolonged non-enforcement of domestic decisions for which the State was responsible (see Yuriy Nikolayevich Ivanov v. Ukraine, cited above, § 99 and point 6 of the operative part). Having examined the terms of the Government’s declarations, the Court understands them as intending to give the applicants the redress in accordance with the pilot judgment.
The Court is satisfied that the Government explicitly acknowledge the excessive duration of the enforcement of decisions given in the applicants’ favour and undertake to enforce the decisions which have not been enforced yet. It also notes that the compensation sums offered by the Government are comparable with Court awards in similar cases, taking account, inter alia, of the specific delay in each particular case.
The Court therefore considers that it is no longer justified to continue the examination of the relevant parts of the applications. It is also satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of these parts of the applications. Accordingly, they should be struck out of the list.
4. Having carefully examined the applicants’ remaining complaints in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
It follows that these parts of the applications are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations in respect of the applicants’ complaints about the delayed enforcement of the domestic decisions given in their favour;
Decides to strike the applications out of its list of cases in so far as they relate to the above complaints in accordance with Article 37 § 1 (c) of the Convention;
Declares the remainder of the applications inadmissible.
Stephen PhillipsMark Villiger
Deputy RegistrarPresident
APPENDIX
No.
Application number,
applicant’s name
and date of birth
Date of introduction
Domestic decisions about the delayed enforcement of which the applicants complain
(date of the decision and name of the court/LDC)
Date of the Government’s unilateral declaration
Compensation sums
offered by the Government
(in euros)
1.
13283/05
ZHEYDA,
Viktoriya Vasilyevna, 1967
29 March 2005
2 June 2005,
LDC of the “RMP” Plant
14 July 2011
1,095
2.
15041/05
ADYGEZALOVA[2],
Lyudmila Viktorovna, 1960
12 April 2005
12 December 2002 and 11 August 2004,
Novogorodivka Court
25 June 2011
1,515
3.
34139/05
BOCHKAREV,
Nikolay Dmitriyevich, 1964
31 August 2005
5 February 2004,
Mykolayiv Garrison Military Court
14 July 2011
1,320
4.
34425/05
BIGUN,
Yuliya Nikolayevna, 1962
7 September 2005
20 August 1996,
Krasnogvardiyskyy District Court of Dnipropetrovsk
(on 6 February 2004 the same court changed the procedure for execution of the judgment)
25 June 2011
1,950
5.
39158/05
BELOV,
Nikolay Mikhaylovich, 1939
15 October 2005
9 February 1998,
Kerch Сourt
21 April 2011
2,355
6.
5712/06
BARDAKOVA,
Irina Yuryevna, 1959
24 January 2006
27 November 2001,
Nova Kakhovka Court
21 April 2011
1,605
7.
21491/06
LYASHENKO,
Viktor Antonovich, 1942
15 May 2006
29 July 2005,
LDC of the Lysychanskyy Plant “RTI”
21 April 2011
1,035
8.
23642/06
YERMAK,
Lyudmila Nikolayevna, 1966
3 June 2006
16 May 2005,
Slavutych Court
25 June 2011
1,080
9.
28677/06
MAKOGON,
Petr Grigoryevich, 1934
26 June 2006
26 June 2000,
Pervomaysk Court
25 June 2011
1,605
10.
38612/06
SHTYLYEV,
Petr Vasilyevich, 1933
11 September 2006
11 April 2007,
Novogorodivka Court
25 June 2011
735
11.
47344/06
GOLUBKOVA,
Tetyana Viktorivna, 1959
10 November 2006
22 December 2000,
Bogunskyy District Court of Zhytomyr
13 July 2011
1,890
12.
3239/07
RYABUSHKO,
Viktor Nikolayevich, 1949
14 December 2006
25 July 2003,
Chervonogvardiyskyy District Court of Makiyivka
14 July 2011
1,410
13.
6159/07
DEMIDAS,
Mikhail Dmitriyevich, 1958
26 January 2007
24 February 2005,
Antratsyt District Court
13 July 2011
1,125
14.
7155/07
SUKHOVERKHOV,
Vitaliy Fedorovich, 1951
18 January 2007
23 January 2006,
Krasnyy Luch Court
12 July 2011
975
15.
7487/07
TSAPKO,
Anatoliy Nikolayevich, 1953,
and Valentina Ivanovna, 1957
28 January 2007
22 March 2005,
Antratsyt District Court (two judgments)
13 July 2011
1,110 (for each)
16.
25116/07
MAZHANOV,
Mikhail Afanasyevich, 1946
4 June 2007
26 February 2004,
Nova Kakhovka Court
21 April 2011
840
17.
31571/07
SHETELYA,
Vasyl Yuriyovych, 1955
10 July 2007
25 April 2003,
Svalyava District Court
13 July 2011
1,410
18.
31601/07
BIZINA,
Nadiya Kostyantynivna, 1958
17 July 2007
15 April 2005,
Nova Kakhovka Court
21 April 2011
975
19.
32454/07
SEMENENKO,
Maryna Yegorivna, 1950
18 July 2007
17 February 2005,
Shostka District Court
21 April 2011
975
20.
33293/07
MOTSYO,
Tetyana Volodymyrivna, 1967
17 July 2007
15 April 2005,
Nova Kakhovka Court
21 April 2011
975
21.
8527/08
YERYGIN,
Aleksey Petrovich, 1938
25 January 2008
7 April 2006,
Krasnyy Luch Court
12 July 2011
945
22.
8654/08
AFANASENKO,
Anatoliy Ivanovich, 1964
25 January 2008
9 February 2005,
Krasnyy Luch Court
12 July 2011
1,140
23.
14747/08
SALAMAKHA,
Volodymyr Ivanovych, 1957
28 February 2008
17 April 2003,
Bogunskyy District Court of Zhytomyr
13 July 2011
1,365
24.
19343/08
RIZNYTSKYY,
Ilya Mykhaylovych, 1924
9 April 2008
16 November 2001,
Dniprovskyy District Court of Kherson
21 April 2011
1,680
25.
24791/08
BATURINA,
Svetlana Yakovlevna, 1947
13 May 2008
18 May 2004,
Tsentralnyy District Court of Symferopol
(as amended on 25 April 2006)
17 August 2011
1,155
26.
29215/08
KOROBCHUK,
Olga Nikolayevna, 1964
28 May 2008
1 June 2005,
Krasnyy Luch Court
21 April 2011
1,035
27.
42183/08
MISHURA,
Kateryna Oleksiyivna, 1941,
and Vasyl Petrovych, 1937
18 August 2008
14 July 2007,
Kyevo-Svyatoshinskyy Court
(as amended on 21 August 2007)
13 July 2011
690 (for both)
28.
53787/08
DZYUBA,
Galyna Trokhymivna, 1944
22 October 2008
5 April 2007,
Bogoduhiv Court
21 April 2011
675
29.
57582/08
RAYDUGA, TOV
17 November 2008
28 March 2005,
Kherson City Commercial Court
15 July 2011
945
30.
1834/09
PONOMAREVA,
Lyubov Vladimirovna, 1959
2 December 2008
21 July 2003 and 11 August 2005,
Krasnyy Luch Court
21 April 2011
1,380
31.
4511/09
MAYDANICHENKO,
Vladimir Nikolayevich, 1977
11 December 2008
22 May 2006,
Krasnyy Luch Court
21 April 2011
870
32.
4548/09
SHKOLNYUK,
Lyubov Vasilyevna, 1967
11 December 2008
9 November 2005,
Krasnyy Luch Court
21 April 2011
960
33.
4553/09
KOVALEVA,
Irina Zdislavovna, 1958
11 December 2008
1 June 2005,
Krasnyy Luch Court
21 April 2011
1,035
34.
4563/09
BUCHKO,
Vladimir Ivanovich, 1953
11 December 2009
4 September 2002,
Krasnyy Luch Court
4 May 2011
1,560
35.
10432/09
LEBEDINSKAYA,
Alevtina Alekseyevna, 1954
30 January 2009
5 August 1999, Svitlovodsk Town Court, and
16 May 2007, Svitlovodsk District Court
25 June 2011
2,130
36.
11607/09
GRYCHKOVSKYY,
Georgiy Mykhaylovich, 1948
28 January 2009
28 September and 29 November 2006,
Sofiyivka District Court
25 June 2011
720
37.
12719/09
1). MELNIK,
Vasiliy Stepanovich, 1936,
2). PIVEN,
Vladimir Grigoryevich, 1944,
3). SINELNIK,
Anisya Yevtikhovna, 1954
16 February 2009
1). 19 December 2000,
2). 26 November 1999,
3). 7 February 2005,
Kostyantyvinka Court
27 July 2011
1). 1,890
2). 2,085
3). 1,140
38.
13639/09
ZAZVORKA,
Rostislav Yosifovich, 1947
16 February 2009
28 December 2000,
Kostyantynivka Court
27 July 2011
1,890
39.
17861/09
1). ZHUK,
Vera Yegorovna, 1943,
2). GALAGAN,
Vasiliy Ilyich, 1952,
3). VASILYEVA,
Lyudmila Petrovna, 1949,
4). SHARUDA,
Sergey Vladimirovich, 1966,
5). FILIMONOVA,
Liliya Vasilyevna, 1936,
6). ZAKARLYUKA,
Tatyana Nikolayevna, 1954,
7). MOSPAN,
Galina Vladimirovna, 1957
5 March 2009
1). 4 October 2000,
Kostyantyvinka Court,
2). 10 October 2000,
LDC of the “Avtosklo” Plant,
3). 2 November 2000,
4). 11 December 2000,
Kostyantynivka Court,
5). 21 February 2001,
LDC of the “Avtosklo” Plant,
6). 2 June 2004,
7). 9 December 2004,
Kostyantynivka Court
27 July 2011
1). 1,935
2). 1,935
3). 1,920
4). 1,905
5). 1,860
6). 1,260
7). 1,170
40.
17894/09
1). GNIPA,
Nikolay Mikhaylovich, 1940,
2). GNIPA,
Olga Petrovna, 1945,
3). CHINENOVA,
Valentina Mikhaylovna, 1949,
4). SHEVCHENKO,
Raisa Petrovna, 1950,
5). LUKASH,
Irina Vasilyevna, 1958,
6). LUKASH,
Valeriy Grigoryevich, 1955
5 March 2009
1). 5 March 2001,
2). 5 March 2001,
Kostyantynivka Court,
3). 25 June 2001,
LDC of the “Avstosklo” Plant;
4). 28 November 2001,
5). 27 December 2002,
6). 27 December 2002,
Kostyantynivka Court
27 July 2011
1). 1,860
2). 1,860
3). 1,800
4). 1,890
5). 1,515
6). 1,515
41.
17944/09
1). VISLOGUZOVA,
Olga Ivanovna, 1951,
2). SLADKEVICH,
Viktor Mironovich, 1932,
3). MIKHALEVA,
Lyubov Nikolayevna, 1964,
4). TOCHILO,
Mariya Mikhaylovna, 1958
5 March 2009
1). 21 August 2002,
2). 27 September 2002,
3). 27 September 2002,
4). 27 September 2002
Kostyantynivka Court
27 July 2011
1). 1,590
2). 1,575
3). 1,575
4). 1,575
42.
17976/09
1). KHARCHENKO, Nadezhda Viktorovna, 1938,
2). DAVIDENKO,
Vladimir Nikolayevich, 1959,
3). KRIVONOZHENKO,
Mikhail Aleksandrovich, 1939,
4). GORENKOVA,
Inna Mikhaylovna, 1967,
5 March 2009
1). 16 August 2002,
2). 6 September 2002,
3). 11 September 2002,
4). 22 January 2003
Kostyantynivka Court
27 July 2011
1). 1,605
2). 1,575
3). 1,575
4). 1,515
43.
21506/09
1). DIKONENKO,
Lyudmila Andreyevna, 1948,
2). BATLUK,
Tamara Mikhaylovna, 1949,
3). POLOVNAYA,
Valentina Ivanovna, 1952,
4). KORZUN,
Lyudmila Alekseyevna, 1948,
5). BAZHENOVA,
Zinaida Sergeyevna, 1941,
6). BUKREEVA,
Aleksandra Nikolayevna, 1942,
7). BUTKO,
Valentina Pavlovna, 1948
10 April 2009
1). 4 May 1998,
Kostyantynivka Court,
2). 9 December 1997 and 15 January 2001,
LDC of the “Avtosklo” Plant,
3). 9 June 2000,
4). 16 February 2001,
Kostyantynivka Court,
5). 19 February 2001,
LDC of the “Avtosklo” Plant,
6). 22 March 2001,
7). 3 April 2001,
Kostyantynivka Court
27 July 2011
1). 2,370
2). 2,445
3). 1,995
4). 1,860
5). 1,860
6). 1,845
7). 1,830
44.
21525/09
1). DYTKO,
Natalya Vladimirovna, 1964,
2). SHABROVA,
Valentina Ivanovna, 1946,
3). PASISHNICHENKO, Vasiliy Andreyevich, 1938,
4). KRIVENKO,
Valentina Anatolyevna, 1956,
5). NAZAROVA,
Raisa Vladimirovna, 1960,
6). BUTKO,
Oleg Ivanovich, 1972,
7). OVSIYENKO,
Anatoliy Vasilyevich, 1945,
8). POGULYAY,
Vladimir Nikolayevich, 1968
10 April 2009
1). 29 January 2001,
LDC of the “Avtosklo” Plant,
2). 13 February 2001,
3). 13 February 2001,
4). 15 February 2001,
5). 16 February 2001,
6). 27 March 2001,
7). 21 June 2001,
8). 26 November 2004,
Kostyantynivka Court
27 July 2011
1). 1,875
2). 1,860
3). 1,860
4). 1,860
5). 1,860
6). 1,830
7). 1,800
8). 1,170
45.
21762/09
ZAKHARENKO,
Nikolay Andreyevich, 1946
10 April 2009
1 November 2007 and 26 June 2008,
Artemivsk District Court
14 July 2011
585
46.
30878/09
KARPACHEV,
Sergey Alekseyevich, 1957
3 April 2009
7 February 2008,
Tsentralno-Miskyy District Court of Makiyivka
14 July 2011
570
47.
33510/09
BONDARENKO,
Galina Viktorovna, 1965
5 June 2009
12 December 2001,
Kostyantynivka Court
27 July 2011
1,710
48.
40485/09
PANCHENKO,
Nikolay Vlasovich, 1937
11 June 2009
4 April 2002,
Nova Kakhovka Court
(as amended on 30 October 2002)
21 April 2011
1,515
49.
45397/09
ZHUKOVA,
Galyna Glibovna, 1953
4 August 2009
24 December 2008,
Vasylkiv District Court
13 July 2011
450
50.
52509/09
MEDVEDEVA,
Nelya Mykhaylivna, 1942
18 September 2009
23 March 2006,
Sverdlovsk Court
12 July 2011
945
51.
53663/09
KHODARYOVA,
Ulyana Maksymivna, 1934
21 September 2009
23 March 2006,
Sverdlovsk Court
12 July 2011
930
52.
54284/09
KOPAYEVA,
Larysa Mykolayivna, 1938
18 September 2009
23 March 2006,
Sverdlovsk Court
12 July 2011
930
[1]. As some of the declarations did not initially contain the tax exemption provision, subsequently the Government amended them accordingly
[2]. Rectified on 18 January 2012: the surname was “Adygezhalova”.
Full & Egal Universal Law Academy