FIFTH SECTION
DECISION
Application no. 23134/07
Valeriy Vatslavovych ZHURAKIVSKYY against Ukraine
and 6 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 7 May 2013 as a Committee composed of:
Angelika Nußberger, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates stated in the annexed table,
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 comments submitted by the Ukrainian Government, requesting the Court to declare the applications inadmissible,
Having deliberated, decides as follows:
THE FACTS
The applicants are 7 Ukrainian nationals whose names, dates of birth are tabulated below. All the applicants reside in Ukraine.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr Nazar Kulchytskyy, of the Ministry of Justice.
The facts of the case, as submitted by the applicants, may be summarised as follows.
On the dates set out in the annexed table below the national courts held for the applicants and ordered the defendants under these judgments (debtors) to take certain measures or to pay various amounts to the applicants. These judgments became binding but the authorities delayed their enforcement.
The applications were communicated to the Ukrainian Government within the pilot judgment in the case of Yuriy Nikolayevich Ivanov cited above. By letters sent on different dates the respondent Government informed the Court that the duration of the domestic proceedings to enforce the judgments in favour of the applicants was not excessive. The Government requested the Court to declare the applications inadmissible.
The applicants disagreed.
COMPLAINTS
The applicants complained about the lengthy non-enforcement of the judgments in their favour.
THE LAW
The Court first considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common legal background.
The Court notes that in the present cases the decisions of the domestic courts in the applicants’ favour remained unenforced for a certain period of time, for which the State authorities were responsible. However, in each case the period of non-enforcement attributed to the Government lasted not longer than one year and two months. The Court notes that in each case the period on non-enforcement is not so excessive as to raise an arguable claim under the Convention. Furthermore, it is observed that the judgment debts did not concern the applicants’ basic subsistence and there were no other special, urgent circumstances that would lead to the conclusion that the delay in the enforcement of the judgments was unreasonable.
It follows that these applications are manifestly ill-founded within the meaning of Article 35 § 3, and must be rejected pursuant to Article 35 § 4 of the Convention (see Soloshenko v. Ukraine (dec.), no. 3952/04, 15 November 2005).
For these reasons, the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Stephen PhillipsAngelika Nußberger
Deputy RegistrarPresident
Appendix
No.
Application no. and date of introduction
Applicant name
date of birth
Final domestic decision details
23134/07
10/05/2007
Valeriy Vatslavovych ZHURAKIVSKYY
13/11/1958
Berdychiv Court, 10/11/2006
64175/09
19/11/2009
Volodymyr Ivanovych PYROZHOK
25/05/1960
Court Order of Oleksandriya Court, 22/05/2009
1250/10
03/12/2009
Nadiya Petrivna KVITKA
14/01/1945
Oleksandriya Court, 05/05/2009
17343/10
10/03/2010
Mykola Ivanovych KRAVCHENKO
05/06/1969
Court order of Oleksandriya Court, 24/04/2009
30692/10
21/05/2010
Nadiya Fedorivna DOVGALYUK
07/07/1949
Oleksandriya Court, 10/08/2009
54165/10
08/09/2010
Svitlana Volodymyrivna CHUKHNO
26/05/1963
Court order of Oleksandriya Court, 12/02/2010
2382/11
27/12/2010
Tetyana Stepanivna STEPANETS
07/11/1984
Olevskyy District Court of Zhytomyr, 17/12/2009
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