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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
1. 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.
2. 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.
3. 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 | 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 |
1 | 39896/05 | DEMCHENKO | 2 November 2005 | Gagarinskyy District Court of Sevastopol, 12 April 2002, 4 February 2003 and 27 October 2003 | 1,665 |
2 | 1220/06 | GORETSKA | 16 December 2005 | Kostopil Court, 4 October 2001 | 795 |
3 | 6990/06 | BOYCHUK | 9 January 2006 | Ivano-Frankivsk Court, 24 June 2005 | 1,065 |
4 | 13361/06 | TYVONENKO | 27 March 2006 | Radomyshl Court, 18 June 1999 | 2,190 |
5 | 13386/06 | KUZMENKO | 11 March 2006 | Slovyansk Court, 16 August 1999, 16 October 2000 | 1,950 |
6 | 27612/06 | BARANOV | 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 | 22 August 2006 | Krasnodon Court, 27 July 2004 | 1,260 |
9 | 42505/06 | KOLYASNIKOVA | 14 October 2006 | Donetsk Regional Court of Appeal, 2 April 2004 | 1,335 |
10 | 5004/07 | KLIMOV | 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 | 26 January 2007 | Antratsyt Court, 22 April 2005 | 1,095 |
13 | 7308/07 | TERNOVIK | 12 January 2007 | Selydove Court, 5 November 2002 | 1,530 |
14 | 8490/07 | TATARENKO | 9 February 2007 | Oleksandriya Court, 26 November 2004 | 1,200 |
15 | 8948/07 | MYKHALCHUK | 8 February 2007 | Oleksandriya Court, 26 November 2004 | 1,200 |
16 | 9212/07 | PIRKA | 8 February 2007 | Oleksandriya Court, 6 December 2004 | 1,200 |
17 | 10909/07 | RIZUN | 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 | 15 March 2007 | Trostyanets Court, 12 June 2001 | 1,800 |
20 | 17217/07 | TARASENKO | 6 April 2007 | Saksaganskyy District Court of Kryvyy Rig, 19 March 2004 | 1,140 |
21 | 17733/07 | IBRAGIMOV | 16 April 2007 | Stakhaniv Court, 7 November 2003 (2 judgments), 16 January 2006 | 1,320 |
22 | 19334/07 | SKOROBUD | 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 | 19 October 2007 | Krasnyy Luch Court, 11 October 2000, 11 September 2002 and 8 February 2006 | 1,920 |
28 | 50976/07 | TITOV | 21 October 2007 | Krasnyy Luch Court, 20 April 2005, 18 December 2006 | 1,095 |
29 | 56287/07 | KUTINSKIY | 7 November 2007 | Mogyliv-Podilsk Court, 5 December 2005, 12 April 2006 | 915 |
30 | 2304/08 | TYUTYUN | 29 December 2007 | Nova Kakhovka Court, 13 June 1997, 16 December 1997 | 1,695 |
31 | 4042/08 | MELNYK | 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 | 15 February 2008 | Novogrodivka Court, 16 February 2005 | 1,095 |
35 | 12930/08 | RODCHENKO | 5 March 2008 | Krasnyy Luch Court, 20 April 2005 | 1,095 |
36 | 14614/08 | GNATENKO | 3 March 2008 | Krasnyy Luch Court, 10 June 2005, 31 August 2005 | 1,080 |
37 | 14617/08 | KALIBERDA | 15 February2008 | Slovyansk Court, 4 November 1997, 15 February 1999 and 25 April 2001 | 2,445 |
38 | 19253/08 | SOLIMCHUK | 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 | 16 May 2008 | Volodar Court, 15 November 2006 | 795 |
41 | 24401/08 | PRAVDIKOVSKAYA | 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 | 20 May 2008 | Krasnyy Luch Court, 23 January 2002, 15 March 2006 | 945 |
43 | 27994/08 | GALCHUN | 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 | 27 May 2008 | Krasnyy Luch Court, 3 June 2002 | 1,485 |
45 | 28209/08 | TKACHENKO | 27 May 2008 | Krasnyy Luch Court, 18 July 2005 | 1,020 |
46 | 28215/08 | FIRSTOV | 27 May 2008 | Krasnyy Luch Court, 29 January 2003, 29 May 2005 | 1,455 |
47 | 28228/08 | YAROSHENKO | 27 May 2008 | Krasnyy Luch Court, 16 June 2005 | 1,035 |
48 | 29873/08 | ZINCHENKO | 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 | 15 July 2008 | Krasnyy Luch Court, 19 July 2002, 28 July 2003 (two judgments) | 1,605 |
51 | 35539/08 | AKIMENKO | 15 July 2008 | Krasnyy Luch Court, 17 September 2003, 21 July 2004 and 10 August 2005 | 1,350 |
52 | 35567/08 | NOVIKOVA | 15 July 2008 | Krasnyy Luch Court, 17 November 2005 | 960 |
53 | 39876/08 | ANTIPOV | 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 | 6 October 2008 | Novogrod Court, 8 June 2006 | 855 |
56 | 50771/08 | YEVDOKIMENKO | 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 | 6 October 2008 | Krasnyy Luch Court, 15 June 2005 | 1,080 |
58 | 53604/08 | GANISHNYUK | 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 | 25 October 2008 | Krasnyy Luch Court, 12 May 2005 | 1,095 |
61 | 55353/08 | PRISTAY | 27 October 2008 | Ivano-Frankivsk Court, 17 December 2004 | 1,170 |
62 | 55361/08 | SMIRNOV | 23 July2008 | Sosnivskyy District Court of Cherkasy, 20 January 2004 | 1,320 |
63 | 55622/08 | FENYUK (unspecified) | 5 November 2008 | Glukhiv Court, 6 September 2005 | 1,035 |
64 | 56567/08 | PINCHUK | 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 | 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 | 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 | 2,505 |
73 | 26446/09 | SOLYANIK NIKOLAY FILIPPOVICH, 1932 | 4 March 2009 | 1) Slovyansk Court, 21 February 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 |