FIFTH SECTION
DECISION
Application no. 31790/05
Anna Kuzminichna ZHUZHNEVA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 November 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 19 August 2005,
Having regard to the declaration submitted by the respondent Government on 4 April 2012 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Anna Kuzminichna Zhuzhneva, is a Ukrainian national, who was born in 1939 and lives in Golmovskiy.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the non-execution of the judgments in her favour.
The application was communicated to the Government.
By letter dated 4 April 2012 the Government, in the course of exercising the procedure of the pilot judgment Yuriy Nikolayevich Ivanov v. Ukraine, no. 40450/04, 15 October 2009, informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
The declaration provided as follows:
“The Government of Ukraine acknowledge the excessive duration of the enforcement of the judgment of the Mykytivskyy District Court of Gorlivka of Donetsk Region of 24.01.2005 from 12.07.2005 (the date the judgment had become final) and to the present time.
The Government of Ukraine are ready to enforce the above-mentioned judgment which is still being the subject to execution as well as to pay the applicant the sum of 1 200 (one thousand two hundred) euros which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses.
The Government therefore invite the Court to strike the application out of the list of cases. They suggest that the present declaration 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 sum of 1 200 euros will be free of any taxes that may be applicable. It is to be converted into the national currency of Ukraine at the rate applicable at the date of settlement and it will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this amount within the abovementioned 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.
This payment will constitute the final resolution of the case.
On 21 May 2012 the Court received a letter from the applicant informing the Court that she agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 reasons to justify a continued examination of the application.
In view of the above, it is appropriate 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 pursuant to Article 39 of the Convention.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy