KARAKUTSA v. UKRAINE

FIFTH SECTION

Application no. 2814/20 Nina Sergiyivna KARAKUTSA

against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 11 March 2021 as a Committee composed of:

Ivana Jelić, President, Ganna Yudkivska, Arnfinn Bårdsen, judges,

and Liv Tigerstedt, Deputy Section Registrar,

Having regard to the above application lodged on 26 December 2019,

Having regard to the formal declaration accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).

The Court received the friendly-settlement declaration, signed by the parties, under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above ‑ mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.

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 the Protocols thereto 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 1 April 2021.

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Liv Tigerstedt Ivana Jelić Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of civil proceedings and lack of any effective remedy in domestic law)

Application no. Date of introduction

Applicant’s name

Year of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

2814/20

26/12/2019

Nina Sergiyivna KARAKUTSA

1939

21/09/2020

14/01/2020

1,500

[1] Plus any tax that may be chargeable to the applicant.