Přehled
Rozsudek
FIFTH SECTION
CASE OF KHARUK AND OTHERS v. UKRAINE
(Application no. 703/05 and 115 other applications)
JUDGMENT
STRASBOURG
26 July 2012
This judgment is final. It may be subject to editorial revision.
In the case of Kharuk and others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Mark Villiger, President,
Karel Jungwiert,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having deliberated in private on 3 July 2012,
Having noted that the underlying question in the applications is already the subject of well-established case-law of the Court and that the parties had the ample opportunity to comment on it and on any other aspects of the case,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in 116 applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 114 Ukrainian nationals and companies based in Ukraine, whose details are specified in the appended tables (“the applicants”).
2. In the course of the proceedings Mr P. Vasylyev (application no. 17684/08) died, and his wife, Ms V. Vasylyeva, expressed the wish to pursue the application.
3. The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskiy, of the Ministry of Justice.
4. The applications, which mainly concern the issues of lengthy non‑enforcement of domestic decisions given in the applicants’ favour, were communicated to the Government on various dates.
5. In accordance with the Yuriy Nikolayevich Ivanov pilot judgment (no. 40450/04, ECHR 2009‑... (extracts)) addressing the issues of prolonged non-enforcement of domestic decisions, the examination of the applications was adjourned until 15 July 2011.
6. Meanwhile, Ukraine was directed to adopt the necessary measures in order to solve the problems, in particular to set up an effective domestic remedy or combination of such remedies capable of securing adequate and sufficient redress for the non-enforcement or delayed enforcement of domestic decisions, in line with the Convention principles as established in the Court’s case-law (see Yuriy Nikolayevich Ivanov, cited above, § 94 and point 5 of its operative part).
7. On 21 February 2012, having noted that Ukraine had not adopted the required measures, the Court decided to resume the examination of the applications.
8. On various dates the Government submitted to the Court a number of unilateral declarations aimed at resolving the non-enforcement issues raised in seventeen applications (the applications concerned are specified in the appended tables). The Government requested the Court to strike the applications concerned out of the list of cases pursuant to Article 37 § 1 (c) of the Convention on the basis of the declarations. The Court examined the declarations and decided to reject the Government’s request.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
A. Non-enforcement issues
9. On the dates set out in the appended tables domestic courts and commissions on labour disputes delivered decisions according to which the applicants were entitled to various pecuniary amounts and/or to have certain actions taken in their favour. The decisions became final and enforceable. However, the applicants were unable to obtain the enforcement of the decisions in due time because of the authorities’ failure to take specific budgetary or regulatory measures, because of the introduction of bans on the attachment and sale of property belonging to State-owned or controlled companies, or because of the bailiffs’ omissions. With the exception of the application no. 27562/09, in which the decision in the applicant’s favour was enforced on 18 November 2008, the domestic decisions in all the present applications have not been enforced in full.
B. Other matters
10. Some of the applicants also made submissions concerning factual and legal matters unrelated to the above non-enforcement issues.
II. RELEVANT DOMESTIC LAW
11. On 5 June 2012 the Verkhovna Rada adopted the Act on the State Guarantees Concerning Execution of Judicial Decisions with the aim of solving the issues of non-enforcement at the domestic level. On 22 June 2012 the President signed the Act. The Act will enter into force on 1 January 2013.
12. The Act provides for the introduction of the procedures under which pecuniary debts under domestic decisions may be met by the State Treasury where debtor State bodies, State companies, or companies with the ban on the sale of property fail to pay them in due time. The Act also provides for compensation when the authorities delay payments under those procedures.
THE LAW
I. JOINDER OF THE APPLICATIONS
13. In view of the similarity of the applications in terms of the principal legal issue raised, the Court finds it appropriate to join them.
II. THE STANDING OF THE APPLICANT’S WIFE IN APPLICATION No. 17684/08
14. The Court notes that it has not been disputed that Ms V. Vasylyeva is entitled to pursue application no. 17684/08 on behalf of the applicant, Mr P. Vasylyev. The Court finds that she has standing to continue the present proceedings in the applicant’s stead (see, among other authorities, Mironov v. Ukraine, no. 19916/04, § 12, 14 December 2006).
III. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION AND OF ARTICLE 1 OF PRTOCOL No. 1
15. The applicants complained about the lengthy non-enforcement of the decisions given in their favour and about the lack of effective domestic remedies in respect of those complaints. They invoked Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 which read, in so far as relevant, as follows:
Article 6
“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] tribunal ...”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law...
Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
A. Admissibility
16. The Court notes that the applicants’ above complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.
B. Merits
17. The Court finds that the decisions in the applicants’ favour were not enforced in due time, for which the authorities were responsible.
18. The Court further observes that Ukraine has not introduced a remedy at the national level satisfying the requirements of Article 13 of the Convention for the applicants’ complaints about the non-enforcement of the decisions in their favour (for the relevant principles, see Yuriy Nikolayevich Ivanov, cited above, § 65). Although new regulations have been introduced to guarantee the full and timely enforcement of decisions against the State authorities and State-owned or controlled companies (see paragraphs 11 and 12 above), the Court notes that the new regulations will not enter into force before 1 January 2013 and, in any event, do not provide for compensation for the delays in the enforcement of domestic decisions which have already taken place. Furthermore, it is unclear whether the implementation of the new regulations will be supported by sufficient budgetary allocations.
19. Having regard to its well-established case-law on the subject (see Yuriy Nikolayevich Ivanov, cited above, §§ 56-58 and 66-70), the Court finds that there has been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 on account of the prolonged non-enforcement of the decisions in the applicants’ favour and a violation of Article 13 of the Convention in that the applicants did not have an effective domestic remedy to redress the damage created by such non-enforcement.
IV. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
20. Some of the applicants raised other complaints under the Convention which the Court has carefully examined. 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.
21. It follows that those complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
22. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
A. Damage, costs, and expenses
23. The Court reiterates that it is an international judicial authority contingent on the consent of the States signatory to the Convention, and that its principal task is to secure the respect for human rights, rather than compensate applicants’ losses minutely and exhaustively. Unlike in national jurisdictions, the emphasis of the Court’s activity is on passing public judgments that set human-rights standards across Europe.
24. For this reason, in cases involving many similarly situated victims a unified approach may be called for. This approach will ensure that the applicants remain aggregated and that no disparity in the level of the awards will have a divisive effect on the applicants (see, for instance, Goncharova and Others and 68 other “Privileged Pensioners” cases v. Russia, nos. 23113/08 and others, §§ 22-24, 15 October 2009).
25. In the present case, bearing in mind the principles which it has developed for assessing the amount of compensation to be awarded where it has found a breach of the Convention as regards the non-enforcement issues in similar cases, the Court considers it reasonable and equitable to award 3,000 euros (EUR) to each applicant in the applications which concern non‑enforcement delays exceeding three years (the applications tabulated in Appendix 1) and EUR 1,500 to each applicant in the other applications (the applications tabulated in Appendix 2). These sums are to cover any pecuniary and non-pecuniary damage, as well as costs and expenses.
26. The Court further notes that the respondent State has an outstanding obligation to enforce the decisions which have not been enforced.
B. Default interest
27. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Decides to join the applications;
2. Declares the applicants’ complaints under Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1 about the lengthy non-enforcement of the decisions given in their favour and about the lack of effective domestic remedies in respect of those complaints admissible and the remainder of the applications inadmissible;
3. Holds that there has been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1;
4. Holds that there has been a violation of Article 13 of the Convention;
5. Holds
(a) that the respondent State is to enforce the domestic decisions in the applicants’ favour which have not been enforced and is to pay, within three months, EUR 3,000 (three thousand euros) to each applicant or his or her estate in the applications tabulated in Appendix 1 and EUR 1,500 (one thousand five hundred euros) to each applicant or his or her estate in the applications tabulated in Appendix 2 in respect of pecuniary and non-pecuniary damage, and costs and expenses, plus any tax that may be chargeable to the applicants on the above amounts which are to be converted into the national currency at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 26 July 2012, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips Mark Villiger
Deputy Registrar President
APPENDIX 1 (non-enforcement delays more than three years)
No. | Application no. and date of introduction | Applicant’s name and date of birth (if known) | Represented by | Final domestic decision details | Sum offered by the Government in unilateral declarations (in euros) |
703/05 17/12/2004 | Yuriy Mykhaylovych KHARUK, 12/12/1967 | 29 June 1998, Shevchenkivskiy District Court of Lviv | |||
16712/05 14/03/2005 | Sergey Petrovich PEREPELITSA, | Vladislav Nikolayevich BYCHKOVSKIY | 1) 31 July 2002, Krasniy Luch Town Court of the Luhansk Region 2) 15 July 2003, Krasniy Luch Town Court of the Luhansk Region 3) 14 June 2005, Krasniy Luch Town Court of the Luhansk Region 4) 19 May 2005, Krasniy Luch Town Court of the Luhansk Region | ||
19539/05 12/04/2005 | Nadezhda Timofeyevna NEDBALO, 07/06/1944 | 30 September 2004, Primorskiy District Court of Odessa | |||
39900/05 28/10/2005 | Evdokiya Panasivna MELNYK, 15/05/1973 | 28 July 2004, Khmilnyk District Court of the Vinnytsya Region | |||
42834/05 10/11/2005 | Lyubov Vasylivna TURETSKA, | 6 June 200б, Novoselytsya District Court of the Chernivtsi Region | |||
10432/06 07/03/2006 | LLC ENERGO-MIG | 1) 26 August 1998, Kyiv City Court of Arbitration 2) 10 April 2001, Higher Arbitration Court | |||
16994/06 18/04/2006 | Nadiya Mykhaylivna KOSTYUCHENKO, | 7 June 2004, Shevchenkivskiy District Court of Kyiv | 1,050 | ||
32562/07 16/07/2007 | Oksana Anatolyevna SHTOKALO, | 21 February 2006, Prymorskiy District Court of Odessa | |||
34249/07 04/07/2007 | Sergiy Mykhaylovych BURLUTSKYY, 13/05/1957 | Grygoriy Denysovych CHOSTA | 1) 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region 2) 4 April 2003, Krasnyi Lyman Town Court of the Donetsk Region | ||
9887/08 08/02/2008 | Aleksandr Nikolayevich KIPARENKO, 25/03/1966 | 10 August 2005, Dniprovskiy District Court of Kyiv | |||
16777/08 24/03/2008 | Grigoriy Andreyevich KOSENKO, 01/01/1933 | 26 July 2001, Chervonogvardiyskiy District Court of Makiivka | |||
17664/08 04/07/2007 | Volodymyr Kostyantynovych GAYDUKOV, 08/05/1949 | Grygoriy Denysovych CHOSTA | 25 June 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17665/08 04/07/2007 | Valeriy Volodymyrovych SUSHKO, 26/02/1951 | Grygoriy Denysovych CHOSTA | 1) 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region 2) 2 April 2003, Krasnyi Lyman Town Court of the Donetsk Region | ||
17666/08 04/07/2007 | Rayisa Ivanivna SEMIOSHKO, 25/01/1954 | Grygoriy Denysovych CHOSTA | 1) 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region 2) 2 April 2003, Krasnyi Lyman Town Court of the Donetsk Region | ||
17668/08 04/04/2007 | Artur Pavlovych VASYLYEV, 18/08/1968 | Grygoriy Denysovych CHOSTA | 22 August 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17669/08 04/07/2007 | Roman Anatoliyovych ROMANENKO, 02/04/1966 | Grygoriy Denysovych CHOSTA | 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17683/08 04/07/2007 | Mykola Vasylyovych KONOTOP, 16/01/1953 | Grygoriy Denysovych CHOSTA | 1 July 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17684/08 04/07/2007 | Pavlo Pavlovych VASYLYEV, 27/06/1945 | Grygoriy Denysovych CHOSTA | 22 August 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17686/08 04/07/2007 | Grygoriy Mykolayovych YAKOVENKO, 25/09/1939 | Grygoriy Denysovych CHOSTA | 19 August 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17690/08 04/07/2007 | Volodymyr Mykolayovych SHKARLET, 15/03/1936 | Grygoriy Denysovych CHOSTA | 3 July 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17695/08 04/07/2007 | Mykhaylo Oleksandrovych MASLENNIKOV, 25/08/1963 | Grygoriy Denysovych CHOSTA | 16 October 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17709/08 04/07/2007 | Ivan Dmytrovych DIMOV, 29/09/1970 | Grygoriy Denysovych CHOSTA | 25 July 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17722/08 04/07/2007 | Viktor Stepanovych MARKOV, 26/06/1956 | Grygoriy Denysovych CHOSTA | 17 June 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17738/08 04/07/2007 | Oleksandr Vasylyovych GORBACH, 04/04/4976 | Grygoriy Denysovych CHOSTA | 22 August 2002, Krasnyi Lyman Town Court of the Donetsk Region | ||
17750/08 04/07/2007 | Vasyl Viktorovych RYEKA, 28/02/1962 | Grygoriy Denysovych CHOSTA | 11 June 2003, Krasnyi Lyman Town Court of the Donetsk Region | ||
1007/09 20/06/2008 | PIVDENBUDTRANS | Volodymyr Mykhaylovych LOPUSHANSKYY | 15 March 2005, Vinnytsya Regional Commercial Court | ||
1205/09 09/12/2008 | Sergiy Anatoliyovych MELNIK, | 16 June 2006, Lysychansk Town Court of the Luhansk Region | |||
1820/09 02/12/2008 | Yuriy Yevgenyevich KRASNOKUTSKIY, 20/03/1949 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 16 July 2003, Krasniy Luch Town Court of the Luhansk Region 2) 26 May 2005, Krasniy Luch Town Court of the Luhansk Region | 1,290 | |
3304/09 20/10/2008 | Boris Rodionovich SAVICHEV, 20/03/1947 | 8 November 2006, Pavlograd Town Court of the Dnipropetrovsk Region | 735 | ||
5629/09 08/12/2008 | Anton Tarasovych MISHCHUK, 20/05/1936 | 27 February 2003, Chervonohrad Town Court of the Lviv Region | 1,485 | ||
11953/09 04/02/2009 | Lyubov Sergiyivna SERGIYENKO, 05/02/1951 | Sergiy Sergiyovych PONOMARYOV | 12 January 2007, Bakhchisaray District Court of the Autonomous Republic of Crimea | ||
12631/09 16/02/2009 | Viktor Andreyevich LITVINENKO, 05/01/1954 | 1) 30 March 2005, Kostyantynivka Town Court of the Donetsk Region 2) 28 September 2006, Kostyantynivka Town Court of the Donetsk Region 3) 13 January 2009, Kostyantynivka Town Court of the Donetsk Region | 1,110 | ||
12664/09 16/02/2009 | Tatyana Gennadyevna SAKHNO, 31/01/1956 | Viktor Andreyevich LITVINENKO | 1) 26 September 2006, Kostyantynivka Town Court of the Donetsk Region 2) 16 December 2008, Kostyantynivka Town Court of the Donetsk Region | 855 | |
12856/09 16/02/2009 | Lyubov Anatolyevna MOROZOVA, 18/12/1957 | Viktor Andreyevich LITVINENKO | 15 November 2000, Kostyantynivka Town Court of the Donetsk Region | ||
13560/09 27/02/2009 | Sergiy Viktorovych FILATOV, | 10 July 2008, Pervomaisk Town Court of the Kharkiv Region | 495 | ||
14654/09 10/02/2009 | Andriy Ivanovych ZINCHENKO, | 3 April 2008, Khorol District Court of the Kharkiv Region | |||
15412/09 04/03/2009 | Nikolay Grigoryevich PEDAN, 28/10/1938 | 13 September 1999, Slovyansk Town Court of the Donetsk Region | |||
16374/09 12/03/2009 | Svetlana Aleksandrovna PELESHINA, 14/01/1948 | 1) 27 September 2004, Kerch Town Court of the Autonomous Republic of Crimea 2) 24 November 2004, Kerch Town Court of the Autonomous Republic of Crimea | 1,080 | ||
17348/09 27/02/2009 | Meryem Osmanovna NAUMENKO, | 13 November 2001, Rozdolne District Court of the Autonomous Republic of Crimea | |||
17361/09 27/02/2009 | Tatyana Anatolyevna KOVALCHUK, | 13 November 2001, Rozdolne District Court of the Autonomous Republic of Crimea | |||
18011/09 05/03/2009 | Konstantin Viktorovich MYLOV, 17/01/1950 | Viktor Andreyevich LITVINENKO | 13 November 2008, Kostyantynivka Town Court of the Donetsk Region | 465 | |
18324/09 17/03/2008 | Orysya Ivanivna ALEKSANDRYUK, 12/06/1951 | 9 March 2006, Pershotravneviy District Court of Chernivtsi | |||
18641/09 31/01/2009 | Larisa Aleksandrovna SAMOFALOVA, | Vladislav Nikolayevich BYCHKOVSKIY | 14 June 2007, Krasniy Luch Town Court of the Luhansk Region | 675 | |
19159/09 20/03/2009 | Valentina Nikolayevna KOVALEVA, 16/09/1973 Sergey Yevgenyevich SHABLAKOV, 22/10/1956 | 1st applicant: 1) 16 September 2004, Kerch Town Court of the Autonomous Republic of Crimea 2) 24 November 2004, Kerch Town Court of the Autonomous Republic of Crimea 2nd applicant: 1) 16 September 2004, Kerch Town Court of the Autonomous Republic of Crimea 2) 24 November 2004, Kerch Town Court of the Autonomous Republic of Crimea | 1,155 to each applicant | ||
20046/09 03/04/2009 | Onisiya Ivanivna KOVPAK, 17/06/1925 | 22 October 2007, Haivoron District Court of the Kirovohrad Region | 270 | ||
20348/09 26/03/2009 | Aleksey Konstantinovich VASILYEV, 10/04/1962 | 1) 7 July 2004, Kerch Town Court of the Autonomous Republic of Crimea 2) 15 November 2004, Kerch Town Court of the Autonomous Republic of Crimea | 1,125 | ||
21752/09 10/04/2009 | Yuriy Yevgenyevich TRETYAK, 11/01/1959 | 1) 27 September 2004, Kerch Town Court of the Autonomous Republic of Crimea 2) 12 November 2004, Kerch Town Court of the Autonomous Republic of Crimea | 1,080 | ||
26367/09 04/03/2009 | Valentina Petrovna KIRICHENKO, 22/09/1946 | Nikolay Grigoryevich PEDAN | 1) 25 August 1998, Slovyansk Town Court of the Donetsk Region 2) 19 April 1999, Slovyansk Town Court of the Donetsk Region 3) 29 May 2000, Slovyansk Town Court of the Donetsk Region | ||
26370/09 04/03/2009 | Valentina Ivanovna KOVALYOVA, 29/08/1951 | Nikolay Grigoryevich PEDAN | 16 October 1997, Slovyansk Town Court of the Donetsk Region | ||
26377/09 04/03/2009 | Nina Sergeyevna KOLMYKOVA, 13/01/1936 | Nikolay Grigoryevich PEDAN | 13 February 2003, Labour disputes commission of the “Sodoviy zavod” OJSC (ВАТ "Содовий завод") | ||
26391/09 04/03/2009 | Anatoliy Nikolayevich KUZNETSOV, | Nikolay Grigoryevich PEDAN | 1) 2 October 1997, Slovyansk Town Court of the Donetsk Region 2) 29 November 2001, Labour disputes commission of the “Sodoviy zavod” OJSC | ||
26399/09 04/03/2009 | Aleksandra Ivanovna MORDACH, | Nikolay Grigoryevich PEDAN | 17 October 1997, Slovyansk Town Court of the Donetsk Region | ||
26412/09 04/03/2009 | Aleksandra Vasilyevna ORLOVA, | Nikolay Grigoryevich PEDAN | 8 September 1997, Slovyansk Town Court of the Donetsk Region | ||
26419/09 04/03/2009 | Svyatoslava Stepanovna POLYANITSA, | Nikolay Grigoryevich PEDAN | 3 October 1997, Slovyansk Town Court of the Donetsk Region | ||
26434/09 04/03/2009 | Tamara Aleksandrovna SAVCHENKO, 27/08/1946 | Nikolay Grigoryevich PEDAN | 1) 8 September 1998, Slovyansk Town Court of the Donetsk Region 2) 30 March 2001, Slovyansk Town Court of the Donetsk Region 3) 1 September 2003, Labour disputes commission of the “Sodoviy zavod” OJSC | ||
26445/09 04/03/2009 | Yelena Petrovna SOKOLOVSKAYA, 12/02/1970 | Nikolay Grigoryevich PEDAN | 1) 27 September 2001, Labour disputes commission of the “Sodoviy zavod” OJSC 2) 1 September 2003, Labour disputes commission of the “Sodoviy zavod” OJSC | ||
26448/09 04/03/2009 | Aleksandr Nikolayevich STRELIN, 29/11/1952 | Nikolay Grigoryevich PEDAN | 13 September 2001, Labour disputes commission of the “Sodoviy zavod” OJSC | ||
26459/09 04/03/2009 | Galina Fedorovna TKACHENKO, 02/04/1951 | Nikolay Grigoryevich PEDAN | 1) 13 March 2000, Slovyansk Town Court of the Donetsk Region 2) 16 November 2001, Slovyansk Town Court of the Donetsk Region | ||
26464/09 04/03/2009 | Olga Timofeyevna KHOTINA, 02/08/1936 | Nikolay Grigoryevich PEDAN | 1) 6 November 1997, Slovyansk Town Court of the Donetsk Region 2) 20 March 2000, Slovyansk Town Court of the Donetsk Region | ||
26469/09 04/03/2009 | Lyudmila Petrovna CHEREVATENKO, 01/09/1937 | Nikolay Grigoryevich PEDAN | 1) 13 November 1997, Slovyansk Town Court of the Donetsk Region 2) 8 October 1998, Slovyansk Town Court of the Donetsk Region 3) 27 November 1998, Slovyansk Town Court of the Donetsk Region | ||
26473/09 04/03/2009 | Valeriy Vladimirovich CHESNOKOV, | Nikolay Grigoryevich PEDAN | 1) 14 November 1997, Slovyansk Town Court of the Donetsk Region 2) 26 June1998, Slovyansk Town Court of the Donetsk Region | ||
26481/09 04/03/2009 | Yevgeniya Alekseyevna VOROBYOVA, | Nikolay Grigoryevich PEDAN | 29 March 1999, Slovyansk Town Court of the Donetsk Region | ||
27503/09 06/05/2009 | Viktor Viktorovich LAPUT, 28/02/1972 | Vladislav Nikolayevich BYCHKOVSKIY | 27 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
27505/09 06/05/2009 | Yevgeniy Alekseyevich DMITROV, | Vladislav Nikolayevich BYCHKOVSKIY | 2 October 2006, Krasniy Luch Town Court of the Luhansk Region | ||
27562/09 15/05/2009 | Maksym Mykhaylovych MULYAVKA, 07/05/1958 | 16 February 2004, Sokal District Court of the Lviv Region | 840 | ||
27606/09 11/05/2009 | Andriy Vyacheslavovych LENTYUGOV, 08/04/1969 | Petro Volodymyrovych KOZAK | 26 June 2007, Bila Tserkva Town Court of the Kyiv Region | 720 | |
28097/09 12/05/2009 | Igor Volodymyrovych STRIGIN, 30/07/1959 | 1) 27 December 2007, Oleksandriya Town Court of the Kirovohrad Region 2) 11 April 2008, Oleksandriya Town Court of the Kirovohrad Region 3) 15 May 2008, Oleksandriya Town Court of the Kirovohrad Region | 315 | ||
58964/10 28/09/2010 | Lyubov Petrovna RYABTSEVA, 01/04/1945 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 26 January 2004, Krasniy Luch Town Court of the Luhansk Region 2) 16 May 2005, Krasniy Luch Town Court of the Luhansk Region | ||
61131/10 06/10/2010 | Lyudmila Mikhaylovna BODNAR, 13/02/1956 | Vladislav Nikolayevich BYCHKOVSKIY | 11 May 2005, Krasniy Luch Town Court of the Luhansk Region | ||
61133/10 06/10/2010 | Tatyana Yevgenyevna NAGAYTSEVA, 03/06/1952 | Vladislav Nikolayevich BYCHKOVSKIY | 11 May 2005, Krasniy Luch Town Court of the Luhansk Region | ||
61134/10 06/10/2010 | Valentina Vasilyevna SYTNIK, 10/08/1939 | Vladislav Nikolayevich BYCHKOVSKIY | 1 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
61136/10 06/10/2010 | Olga Nikolayevna SYTNIK, 22/05/1962 | Vladislav Nikolayevich BYCHKOVSKIY | 14 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
61138/10 06/10/2010 | Anatoliy Vasilyevich PRONICHEV, 28/02/1954 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 1 July 2004, Krasniy Luch Town Court of the Luhansk Region 2) 4 June 2007, Krasniy Luch Town Court of the Luhansk Region | ||
62419/10 19/10/2010 | Svetlana KRIVICH, | Vladislav Nikolayevich BYCHKOVSKIY | 21 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
62430/10 19/10/2010 | Valeriy Vladimirovich AKSENOV, 22/10/1978 | Vladislav Nikolayevich BYCHKOVSKIY | 15 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
62616/10 19/10/2010 | Tatayana Nikolayevna ZUYEVA, 11/10/1964 | Vladislav Nikolayevich BYCHKOVSKIY | 18 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
62621/10 19/10/2010 | Lyudmila Viktorovna KRUGLOVA, 19/11/1969 | Vladislav Nikolayevich BYCHKOVSKIY | 15 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
62627/10 19/10/2010 | Natalya Ivanovna TITOVA, 08/05/1959 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 25 May 2005, Krasniy Luch Town Court of the Luhansk Region 2) 22 December 2008, Krasniy Luch Town Court of the Luhansk Region | ||
62635/10 19/10/2010 | Yevgeniya Vasilyevna ALEYNIKOVA, 08/08/1951 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 25 May 2005, Krasniy Luch Town Court of the Luhansk Region 2) 22 December 2008, Krasniy Luch Town Court of the Luhansk Region | ||
65610/10 30/10/2010 | Vera Nikolayevna VORZHEVA, 29/05/1960 | Vladyslav Mykolayovych BYCHKOVSKIY | 6 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
65615/10 30/10/2010 | Nikolay Ivanovich SHALYGIN, 06/02/1965 | Vladyslav Mykolayovych BYCHKOVSKIY | 17 May 2005, Krasniy Luch Town Court of the Luhansk Region | ||
65621/10 30/10/2010 | Tatyana Vasilyevna POPENKO, 16/06/1965 | Vladyslav Mykolayovych BYCHKOVSKIY | 16 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
66319/10 03/11/2010 | Genadiy Volodymyrovych LEVKOVYCH, 27/01/1957 | 22 March 2007, Korolovskiy District Court of Zhytomyr | |||
70292/10 19/11/2010 | Valentin Aleksandrovich MUKHONKO, 27/09/1951 | Vladislav Nikolayevich BYCHKOVSKIY | 1 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
70296/10 19/11/2010 | Vladimir Romanovich MALINOVSKIY, 25/12/1936 | Vladislav Nikolayevich BYCHKOVSKIY | 13 March 2002, Krasniy Luch Town Court of the Luhansk Region | ||
70873/10 19/11/2010 | Yeva Adamovna PROKOPTSOVA, 08/08/1966 | Vladislav Nikolayevich BYCHKOVSKIY | 17 May 2005, Krasniy Luch Town Court of the Luhansk Region | ||
71355/10 19/11/2010 | Yuriy Vladimirovich DOGADIN, 30/09/1963 | Vladislav Nikolayevich BYCHKOVSKIY | 12 August 2005, Krasniy Luch Town Court of the Luhansk Region | ||
72617/10 19/11/2010 | Svetlana Gennadiyevna ALKHIMOVA, 13/10/1980 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 22 November 2002, Krasniy Luch Town Court of the Luhansk Region 2) 27 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
72660/10 19/11/2010 | Irina Lvovna OZHGIKHINA, 28/12/1973 | Vladislav Nikolayevich BYCHKOVSKIY | 2 August 2005, Krasniy Luch Town Court of the Luhansk Region | ||
72685/10 19/11/2010 | Olga Gennadiyevna KRUZHALINA, 11/02/1961 | Vladislav Nikolayevich BYCHKOVSKIY | 7 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
72688/10 19/11/2010 | Yelena Sergeyevna BUTKO, 11/05/1953 | Vladislav Nikolayevich BYCHKOVSKIY | 1) 9 July 2003, Krasniy Luch Town Court of the Luhansk Region 2) 6 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
73010/10 29/11/2010 | Aleksandr Viktorovich LUGOVOY, | 10 July 2008, Pervomaiskiy Town Court of the Kharkiv Region | |||
74036/10 29/11/2010 | Galina Semenovna LUGOVAYA, | 28 August 2008, Pervomaiskiy Town Court of the Kharkiv Region | |||
1078/11 24/12/2010 | Pavel Nikolayevich ZAKHAROV, 09/06/1947 | Vladyslav Mykolayovych BYCHKOVSKIY | 15 June 2005, Krasniy Luch Town Court of the Luhansk Region | ||
1121/11 24/12/2010 | Sergey Dmitriyevich MARCHENKO, 17/10/1952 | Vladyslav Mykolayovych BYCHKOVSKIY | 27 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
1134/11 24/12/2010 | Lyubov Nikolayevna AGAFONOVA, 19/02/1951 | Vladyslav Mykolayovych BYCHKOVSKIY | 1 March 2004, Krasniy Luch Town Court of the Luhansk Region | ||
1148/11 24/12/2010 | Lyudmila Dmitriyevna MARCHENKO, 01/03/1950 | Vladyslav Mykolayovych BYCHKOVSKIY | 27 July 2005, Krasniy Luch Town Court of the Luhansk Region | ||
1250/11 24/12/2010 | Olga Petrivna ZHDANOVA, 21/02/1954 | 18 February 2005, Lysychansk Town Court of the Luhansk Region | |||
1507/11 24/12/2010 | Ganna Kuzmivna OLEYNIKOVA, 28/04/1935 | 1) 8 April 2005, Labour Disputes Commission of the Remontno Mekhanichnyi Zavod, OJSC (ДВАТ «Ремонтно-механічний завод») 2) 27 April 2006, Labour Disputes Commission of the Remontno Mekhanichnyi Zavod, OJSC (ДВАТ «Ремонтно-механічний завод») | |||
1651/11 19/12/2010 | Lidiya Mykhaylivna KOLOSOVA, 11/05/1950 | 3 February 2005, Lysychansk Town Court of the Luhansk Region |
APPENDIX 2 (non-enforcement delays less than three years)
No. | Application no. and date of introduction | Applicant’s name and date of birth (if known) | Represented by | Final domestic decision details |
10449/10 05/02/2010 | Vladimir Denisovich RUDEN, 06/10/1947 | Viktor Andreyevich LITVINENKO | 17 September 2009, Kostyantynivka Town Court of the Donetsk Region | |
30615/10 19/05/2010 | Aleksandr Sergeyevich MIRONOV, 27/04/1958 | 28 September 2009, Tsentralno-Miskiy District Court of Gorlivka | ||
31747/10 11/05/2010 | Sergiy Ivanovych BAKHMET, 01/01/1956 | 21 July 2009, Sieverodonetsk Town Court of the Luhansk Region | ||
31755/10 11/05/2010 | Sergiy Ivanovych BAKHMET, 01/01/1956 | 21 July 2009, Sieverodonetsk Town Court of the Luhansk Region | ||
31763/10 11/05/2010 | Sergiy Ivanovych BAKHMET, 01/01/1956 | 17 December 2009, Sieverodonetsk Town Court of the Luhansk Region | ||
31764/10 11/05/2010 | Sergiy Ivanovych BAKHMET, 01/01/1956 | 17 December 2009, Sieverodonetsk Town Court of the Luhansk Region | ||
36723/10 22/03/2010 | DONBAS-2003 | Oleksandr Petrovych BILOKON | 7 December 2009, Luhansk Regional Commercial Court | |
40292/10 06/07/2010 | Aleksandr Sergeyevich CHUPRUN, 04/12/1979 | 1 July 2009, Balaklavskiy District Court of Sevastopol (entered into force on 6 April 2010) | ||
64233/10 07/10/2010 | Mykola Mykhaylovych MOSHKIVSKYY, 10/10/1970 | 15 February 2010, Ovruch District Court of the Zhytomyr Region | ||
65511/10 27/10/2010 | Alla Mykolayivna ZAVOROTNYA, 30/09/1974 | 27 March 2009, Svitlovodsk Town Court of the Kirovohrad Region (entered into force on 16 September 2009) | ||
66696/10 26/10/2010 | Aleksandr Vasilyevich VASKO, 12/08/1955 | 27 January 2010, Leninskiy District Court of Sevastopol | ||
72640/10 09/11/2010 | Volodymyr Vitaliyovych SOPRUN, 01/01/1961 | 28 December 2009, Vinnytsya Regional Administrative Court | ||
2198/11 30/12/2010 | KYIVREKONSTRUKTSIYA, VAT | 15 February 2010, Kyiv City Commercial Court of Appeal | ||
3240/11 30/12/2010 | Tetyana Vasylivna YEGORUSHKOVA, 24/09/1951 | 1) 3 November 2009, Lysychansk Town Court of the Luhansk Region 2) 23 July 2010, Labour Disputes Commission of the Lysychanskiy Zavod Humovo-tekhnichnykh Vyrobiv, OJSC (ВАТ «Лисичанський завод гумово-технічних виробів»). | ||
4198/11 30/12/2010 | Vyacheslav Mykolayovych LOBKO, 06/08/1970 | 1) 28 October 2009, Lysychansk Town Court of the Luhansk Region 2) 23 July 2010, Labour Disputes Commission of the Lysychanskiy Zavod Humovo-tekhnichnykh Vyrobiv, OJSC (ВАТ «Лисичанський завод гумово-технічних виробів») | ||
4630/11 05/01/2010 | Gennadiy Mykhaylovych SHCHEPOTYEV, 20/08/1969 | Oleg Stepanovych STYOPOCHKIN | 22 March 2010, Avtozavodskiy District Court of Kremenchuk |