Aleksey Fedorovich DEMCHENKO v Ukraine - 39896/05 [2012] ECHR 772 (10 April 2012)

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European Court of Human Rights

You are here: BAILII >> Databases >> European Court of Human Rights >> Aleksey Fedorovich DEMCHENKO v Ukraine - 39896/05 [2012] ECHR 772 (10 April 2012)
URL: http://www.bailii.org/eu/cases/ECHR/2012/772.html
Cite as: [2012] ECHR 772

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FIFTH SECTION

DECISION

Application no. 39896/05
Aleksey Fedorovich DEMCHENKO against Ukraine
and 81 other applications
(see list appended)

The European Court of Human Rights (Fifth Section), sitting on 10 April 2012 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 the dates specified in the annexed table,

Having deliberated, decides as follows:

THE FACTS

The applicants are Ukrainian nationals whose names and dates of birth are specified in the annexed table. The Ukrainian Government (“the Government”) were represented by Ms V. Lutkovska, of the Ministry of Justice.

On the dates set out in the table below the domestic courts and a commission on labour disputes (applications nos. 56567/08, 26444/09 and 26446/09) ordered the authorities to pay the applicants various pecuniary amounts or take certain actions in their favour. The decisions in the applicants’ favour became final, but remain unenforced.

COMPLAINTS

Relying on various provisions of the Convention, the applicants complained about the delayed non-enforcement of the decisions given in their favour. Some of the applicants also raised other complaints under the Convention.

THE LAW

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.

Referring to the Yuriy Nikolayevich Ivanov pilot judgment (Yuriy Nikolayevich Ivanov v. Ukraine, no. 40450/04, ECHR 2009 ... (extracts)), the Government submitted to the Court several unilateral declarations aimed at resolving the non-enforcement issues raised in the applications. By the above declarations, the Government acknowledged the excessive duration of the enforcement of the decisions in the applicants’ favour and declared that they were ready to pay the applicants the outstanding debts under the decisions and the sums specified in the annexed table. In some declarations the Government referred to the ex gratia principle of such payment. The Government invited the Court to strike the applications out of the list of cases pursuant to Article 37 § 1 (c) of the Convention.

The Government also declared that the compensation sums were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, that they would be converted into the national currency of the respondent State at the rate applicable on the date of settlement 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 pursuant to Article 37 § 1 of the Convention. 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 declarations provided that the 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 issue) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI).

The Court recalls that in its pilot judgment on the issues of non enforcement 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, 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 acknowledged the excessive duration of the enforcement of the decisions given in the applicants’ favour and undertake to pay the outstanding debts, in spite of the fact that in some declarations the Government referred to ex gratia principle of such payment. It also notes that the compensation sums offered by the Government are comparable with the amounts awarded in similar cases, taking account, inter alia, specific delay in each particular case.

The Court therefore considers that it is no longer justified to continue the examination of the applicants’ complaints about the lengthy non-enforcement of domestic decisions. 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 complaints. Accordingly, the applications should be struck out of the list in so far as they concern the lengthy non-enforcement of domestic decisions.

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 lengthy non-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 Phillips Mark Villiger
Deputy Registrar President

APPENDIX

No.	Application number	Applicant’s name, born in	Date of introduction	Domestic decisions about the lengthy non-enforcement of which the applicants complain (name of the court (labour dispute commission), date of decision)	Compensation offered by the Government (EUR)
1	39896/05	DEMCHENKO ALEKSEY FEDOROVICH, 1957	2 November 2005	Gagarinskyy District Court of Sevastopol, 12 April 2002, 4 February 2003 and 27 October 2003	1,665
2	1220/06	GORETSKA LYUDMYLA MYKOLAYIVNA, 1962	16 December 2005	Kostopil Court, 4 October 2001	795
3	6990/06	BOYCHUK PETRO IVANOVYCH, 1954	9 January 2006	Ivano-Frankivsk Court, 24 June 2005	1,065
4	13361/06	TYVONENKO MYKOLA DMYTROVYCH, 1951	27 March 2006	Radomyshl Court, 18 June 1999	2,190
5	13386/06	KUZMENKO GENNADIY ILICH, 1957	11 March 2006	Slovyansk Court, 16 August 1999, 16 October 2000	1,950
6	27612/06	BARANOV OLEKSIY STEPANOVYCH, 1927	22 June 2006	Bershadsk Court, 2 December 2002	1,320
7	35562/06	ZATZEPILIN VLADIMIR ANATOLYEVICH, 1961	19 August 2006	Leninskyy District Court of Lugansk, 11 April 2001	1,320
8	37762/06	MOVA OLEG OLEKSIYOVYCH, 1957	22 August 2006	Krasnodon Court, 27 July 2004	1,260
9	42505/06	KOLYASNIKOVA TAMARA NIKOLAYEVNA, 1958	14 October 2006	Donetsk Regional Court of Appeal, 2 April 2004	1,335
10	5004/07	KLIMOV VIKTOR MAKSIMOVICH, 1936	12 January 2007	Novogrodivka Court, 23 December 2004	1,140
11	5970/07	PROKOFYEV VOLODYMYR OLEKSIYOVYCH, 1954	15 January 2007	Konstyantynivka Court, 5 February 2001	1,410
12	6961/07	GELEMEYEVA GALINA ANDREYEVNA, 1956	26 January 2007	Antratsyt Court, 22 April 2005	1,095
13	7308/07	TERNOVIK ALEKSANDR VASILYEVICH, 1983	12 January 2007	Selydove Court, 5 November 2002	1,530
14	8490/07	TATARENKO IRYNA OLEKSANDRIVNA, 1966	9 February 2007	Oleksandriya Court, 26 November 2004	1,200
15	8948/07	MYKHALCHUK VOLODYMYR YOSYPOVYCH, 1963	8 February 2007	Oleksandriya Court, 26 November 2004	1,200
16	9212/07	PIRKA VALENTYNA PANTELIYIVNA, 1962	8 February 2007	Oleksandriya Court, 6 December 2004	1,200
17	10909/07	RIZUN VASILIY GRIGORYEVICH, 1944	22 July 2007	Pokrovsk Court, 7 October 2004	1,170
18	12930/07	KORNIYENKO VLADIMIR VLADIMIROVICH, 1970	12 March 2007	Voznesensk Court, 26 January 2004	1,305
19	14903/07	1) BARANOV OLEKSIY STEPANOVYCH, 1927 2) BARANOVA POLINA STEPANIVNA, 1936	15 March 2007	Trostyanets Court, 12 June 2001	1,800
20	17217/07	TARASENKO ALEKSANDR SERGEYEVICH, 1949	6 April 2007	Saksaganskyy District Court of Kryvyy Rig, 19 March 2004	1,140
21	17733/07	IBRAGIMOV VIKTOR KADERZYANOVICH, 1954	16 April 2007	Stakhaniv Court, 7 November 2003 (2 judgments), 16 January 2006	1,320
22	19334/07	SKOROBUD ALEKSEY GRIGORYEVICH, 1941	26 April 2007	Krasnyy Luch Court, 6 October 2003	1,380
23	21599/07	SARAFANOV NIKOLAY IVANOVICH, 1943	12 March 2007	Krasnyy Luch Court, 28 July 2005, 18 July 2007	705
24	36016/07	KIRICHENKO VLADIMIR MAKSIMOVICH, 1947	23 July 2007	Bagliyskyy District Court of Dniprodzerzhynsk, 19 December 2001, 29 December 2004, 9 February 2005 and 24 March 2005 (2 judgments)	1,125
25	44547/07	SAVITSKIY VLADIMIR MIKHAYLOVICH, 1963	25 September 2007	Krasnyy Luch Court, 25 December 2003	1,335
26	44548/07	VOROBYOVA LIDIYA NIKOLAYEVNA, 1940	25 September 2007	Krasnyy Luch Court, 15 November 2006	795
27	46076/07	TKALENKO YEVGENIY YEGOROVICH, 1940	19 October 2007	Krasnyy Luch Court, 11 October 2000, 11 September 2002 and 8 February 2006	1,920
28	50976/07	TITOV VLADIMIR PETROVICH, 1951	21 October 2007	Krasnyy Luch Court, 20 April 2005, 18 December 2006	1,095
29	56287/07	KUTINSKIY STEPAN MIKHAYLOVICH, 1948	7 November 2007	Mogyliv-Podilsk Court, 5 December 2005, 12 April 2006	915
30	2304/08	TYUTYUN MYKHAYLO IVANOVYCH, 1951	29 December 2007	Nova Kakhovka Court, 13 June 1997, 16 December 1997	1,695
31	4042/08	MELNYK PAVLO IVANOVYCH, 1958	3 January 2008	Zakarpattya Regional Commercial Court, 23 July 2007	480
32	7605/08	ZDROBYLKO MYKOLA STEPANOVYCH, 1964	31 January 2008	Chervonograd Court, 20 May 2002	1,020
33	10939/08	KISELYOV GENNADIY VASILYEVICH, 1927	20 February 2008	Dniprovskyy District Court of Kyiv, 29 November 2006	405
34	12317/08	MIZINA VERA PETROVNA, 1940	15 February 2008	Novogrodivka Court, 16 February 2005	1,095
35	12930/08	RODCHENKO VLADIMIR PETROVICH, 1943	5 March 2008	Krasnyy Luch Court, 20 April 2005	1,095
36	14614/08	GNATENKO LYUDMILA NIKOLAYEVNA, 1965	3 March 2008	Krasnyy Luch Court, 10 June 2005, 31 August 2005	1,080
37	14617/08	KALIBERDA LYUBOV NIKOLAYEVNA, 1959	15 February2008	Slovyansk Court, 4 November 1997, 15 February 1999 and 25 April 2001	2,445
38	19253/08	SOLIMCHUK TARAS MYKOLAYOVYCH, 1955	8 April 2008	Goshcha Court, 18 January 2006	765
39	21204/08	BELIKOV ANATOLIY NIKOLAYEVICH, 1971	15 April 2008	Krasnyy Luch Court, 23 January 2002	1,680
40	23981/08	BARABASH NIKOLAY FILIPPOVICH, 1946	16 May 2008	Volodar Court, 15 November 2006	795
41	24401/08	PRAVDIKOVSKAYA LYUBOV VIKTOROVNA, 1937	30 April 2008	Kovpakiv Court, 10 March 2006 (amended by the Sumy Regional Court of Appeal on 11 May 2006)	930
42	27507/08	LOBODA ZINAIDA IVANOVNA, 1929	20 May 2008	Krasnyy Luch Court, 23 January 2002, 15 March 2006	945
43	27994/08	GALCHUN VITALIY GRIGORYEVICH, 1949	2 June 2008	Konotop Court, 23 July 2004, 25 June 2005 (the latter amended by the Sumy Regional Court of Appeal on 22 September 2005)	1,245
44	28106/08	AGUNOVICH ANATOLIY NIKOLAYEVICH, 1964	27 May 2008	Krasnyy Luch Court, 3 June 2002	1,485
45	28209/08	TKACHENKO NELYA ALEKSEYEVNA, 1964	27 May 2008	Krasnyy Luch Court, 18 July 2005	1,020
46	28215/08	FIRSTOV VIKTOR VITALYEVICH, 1959	27 May 2008	Krasnyy Luch Court, 29 January 2003, 29 May 2005	1,455
47	28228/08	YAROSHENKO SVETLANA STEPANOVNA, 1970	27 May 2008	Krasnyy Luch Court, 16 June 2005	1,035
48	29873/08	ZINCHENKO ANATOLIY ALEKSEYEVICH, 1949	9 June 2008	Marinskyy District Court of Donetsk Region, 22 December 2006	585
49	35512/08	ILYENKO IVAN PETROVICH, 1926	5 July 2008	Konotop Court, 17 September 2007	480
50	35527/08	ZASTAVSKIY ALEKSANDR IVANOVІСH, 1955	15 July 2008	Krasnyy Luch Court, 19 July 2002, 28 July 2003 (two judgments)	1,605
51	35539/08	AKIMENKO VLADIMIR YAKOVLEVICH, 1949	15 July 2008	Krasnyy Luch Court, 17 September 2003, 21 July 2004 and 10 August 2005	1,350
52	35567/08	NOVIKOVA TATYANA ALEKSANDROVNA, 1964	15 July 2008	Krasnyy Luch Court, 17 November 2005	960
53	39876/08	ANTIPOV NIKOLAY IVANOVICH, 1954	6 August 2008	Kostyantynivka Court, 11 March 2002	1,485
54	44564/08	SVIDERSKYY STEFAN IVANOVYCH, 1948	4 September 2008	Slovyansk Court, 6 October 1997, 24 May 2002	2,460
55	50250/08	KRUTOUZ OLEG NIKOLAYEVICH, 1965	6 October 2008	Novogrod Court, 8 June 2006	855
56	50771/08	YEVDOKIMENKO MIKHAIL YELISEYEVICH, 1939	6 October 2008	Krasnyy Luch Court, 2 March 2000, 12 February 2003 and 1 March 2007 (the latter amended by the Lugansk Regional Court of Appeal of 4 June 2007)	2,040
57	50833/08	YAKIMCHUK VALERIY ANATOLYEVICH, 1962	6 October 2008	Krasnyy Luch Court, 15 June 2005	1,080
58	53604/08	GANISHNYUK YEVGENIY VLADIMIROVICH, 1981	25 October 2008	Krasnyy Luch Court, 24 June 2005, 14 June 2007	1,035
59	53628/08	MOSKALENKO SERGEY VLADIMIROVICH (unspecified)	25 October 2008	Krasnyy Luch Court, 15 June 2005	1,065
60	53634/08	UDOVENKO IVAN DMITRIYEVICH, 1928	25 October 2008	Krasnyy Luch Court, 12 May 2005	1,095
61	55353/08	PRISTAY IVAN VASILYEVICH, 1965	27 October 2008	Ivano-Frankivsk Court, 17 December 2004	1,170
62	55361/08	SMIRNOV YURIY OLEGOVICH, 1948	23 July2008	Sosnivskyy District Court of Cherkasy, 20 January 2004	1,320
63	55622/08	FENYUK ANATOLIY DMYTROVYCH (unspecified)	5 November 2008	Glukhiv Court, 6 September 2005	1,035
64	56567/08	PINCHUK ANTONINA NIKOLAYEVNA, 1941	15 November 2008	1) Kostyantynivka Court, 29 November 2000, 12 June 2001 2) Commission on labour disputes, 19 February 2001, 15 May 2001	1,905
65	60784/08	KOZLOV SERGEY VIKTOROVICH, 1958	2 December 2008	Krasnyy Luch Court, 12 October 2004	1,155
66	9757/09	SHUMEYKO NATALYA PAVLOVNA, 1952	30 January2009	Svitlovodsk Court, 8 April 1999, 16 May 2007	2,190
67	17377/09	MASHKIN ANDRIY MYKHAYLOVYCH, 1936	10 March 2009	Sverdlovsk Court, 12 September 2003	1,230
68	18409/09	VASILENKO VALERIY ANDREYEVICH, 1947	23 March 2009	Kostyantynivka Court, 1 February 2001	1,875
69	19555/09	MEDVID PETRO VASYLYOVYCH, 1946	12 March 2009	Chervonograd Court, 27 November 2003	1,365
70	20683/09	ZAKHAROV VASILIY ANDREYEVICH, 1938	11 April 2009	Shakhtarsk Court, 12 March 2003, 10 June 2005, 1 December 2006 and 3 December 2008	1,455
71	26433/09	SAVCHENKO KONSTANTIN SERGEYEVICH, 1948	4 March 2009	Slovyansk Court, 5 October 2001	1,770
72	26444/09	SOKOLOVSKAYA YELENA PETROVNA, 1970	4 March 2009	1) Slovyansk Court, 29 September 1999, 4 May 2000 2) Commission on labour disputes, 1 September 2003	2,505
73	26446/09	SOLYANIK NIKOLAY FILIPPOVICH, 1932	4 March 2009	1) Slovyansk Court, 21 February 2000 2) Commission on labour disputes, 11 September 2000	2,070
74	27140/09	MEDVEDEV ALEKSANDR DMITRIYEVICH, 1955	28 April 2009	Lysychanskyy District Court of Lugansk, 12 February 2008	405
75	30626/09	GORYUNOV KONSTANTIN GENNADYEVICH, 1965	15 May 2009	Krasnyy Luch Court, 30 July 2001	1,770
76	31315/09	SHEVCHENKO LYUBOV IGNATYEVNA, 1938	2 June 2009	Krasnyy Luch Court, 17 May 2006	915
77	36429/09	ILCHENKO ANATOLIY MYKHAYLOVYCH, 1954	18 June 2009	Kyiv City Court of Appeal, 22 May 2006	915
78	37154/09	TOLKACHEV VIKTOR PETROVICH, 1954	24 June 2009	Antratsyt Court, 20 June 2006	900
79	37270/09	GANZHENKO OLGA GRYGORIVNA, 1958	24 June 2009	Lysychansk Court, 7 February 2005	1,110
80	49316/09	SIRA OLENA MYKOLAYIVNA, 1960	1 September 2009	Zolochivsk Court, 31 July 2007	585
81	1761/10	BOLYAK NIKOLAY TIMOFEYEVICH, 1947	28 December 2009	Proletarskyy District Court of Donetsk, 30 July 2008	525
82	10105/10	KLIMENCHUK VIKTOR STEPANOVICH, 1957	11 April 2009	Marganets Court, 15 February 2000	1,980

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	European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> Aleksey Fedorovich DEMCHENKO v Ukraine - 39896/05 [2012] ECHR 772 (10 April 2012) URL: http://www.bailii.org/eu/cases/ECHR/2012/772.html Cite as: [2012] ECHR 772