Zharikova and Others v. Ukraine
Struck out of the list
Berörda konventionsartiklar
FIFTH SECTION
Application no. 33474/10 Lyubov Pavlovna ZHARIKOVA against Ukraine and 13 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 25 March 2014 as a Committee composed of:
Angelika Nußberger, President, Ganna Yudkivska, André Potocki, 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 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 mainly complained under Articles 6 § 1 and 13 of the Convention about the length of proceedings. The applicant in application no. 38619/12 further complained under Article 6 § 1 about the outcome of the proceedings and raised complaints under Article 1 of Protocol No.1.
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 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 Phillips Angelika Nußberger Deputy Registrar President
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Date of declaration
(Government)
Date of declaration
(Applicant)
Sum awarded
33474/10
03/05/2010
Lyubov Pavlovna ZHARIKOVA
04/05/1960
Kirovograd
Ukrainian
Represented by
Igor Petrovich POGASIY
01/11/2013
15/10/2013
2,400 EUR
72009/11
14/11/2011
Sergey Valeryevich ILYIN
28/06/1985
Bolgrad
Ukrainian
01/11/2013
08/10/2013
900 EUR
23551/12
26/03/2012
Oleksandr Volodymyrovych FILINYUK
14/04/1960
Netishyn
Ukrainian
14/11/2013
07/10/2013
500 EUR
38619/12
09/06/2012
Tatyana Vladislavovna YEVSTAFYEVA
02/11/1959
Simferopol
Ukrainian
19/12/2012
23/10/2013
1,200 EUR
46684/12
06/06/2012
Sergiy Dmytrovych BABENKO
23/02/1965
Kyiv
Ukrainian
24/10/2013
13/11/2013
1,200 EUR
47709/12
07/07/2012
Vladimir Ivanovich ZAYTSEV
02/05/1967
Nikolayev
Ukrainian
20/11/2013
01/10/2013
1,200 EUR
54923/12
18/08/2012
Oleksandr Vasylyovych KOTKO
16/11/1954
Kharkiv
Ukrainian
14/11/2013
05/11/2013
2,300 EUR
58814/12
07/09/2012
Olga Sergeyevna OSTAPENKO
30/12/1951
Zaporizhzhya
Ukrainian
14/11/2013
29/10/2013
3,000 EUR
63023/12
24/09/2012
Eduard Aleksandrovich RYZHOV
19/05/1966
Odessa
Ukrainian
Larisa Konstantinovna BOLTYAN
14/07/1959
Odessa
Ukrainian
20/11/2013
14/11/2013
2,400 EUR
jointly
63142/12
22/09/2012
Mykola Ivanovych SHUTKO
28/10/1946
Nikopol
Ukrainian
14/11/2013
18/10/2013
4,800 EUR
64399/12
27/09/2012
Yevgeniy Vladimirovich TISHCHENKO
08/04/1960
Odessa
Ukrainian
20/11/2013
05/10/2013
4,200 EUR
70762/12
22/10/2012
Igor Ivanovych ZHUKOVSKYY
31/05/1968
Chernivtsi
Ukrainian
20/11/2013
05/11/2013
1,200 EUR
73599/12
19/10/2012
Valeriy Arkadiyovych CHUDOVSKYY
23/02/1956
Zhytomyr
Ukrainian
24/10/2013
01/10/2013
1,200 EUR
8113/13
17/12/2012
Oleg Ivanovych GRYN
17/04/1974
Gadyach
Ukrainian
14/11/2013
15/10/2013
1,200 EUR