LESHCHENKO proti Ukrajině

FIFTH SECTION

DECISION

Application no. 7209/04
by Roman Mykolayovych LESHCHENKO
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 11 December 2006 as a Chamber composed of:

Mr P. Lorenzen, President,
Mrs S. Botoucharova,
Mr K. Jungwiert,
Mr V. Butkevych,
Mrs M. Tsatsa-Nikolovska,
Mr R. Maruste,
Mr M. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,

Having regard to the above application lodged on 13 January 2004,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

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

Having regard to the decision to grant priority to the above application under Rule 41 of the Rules of Court,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Roman Mykolayovych Leshchenko, is a Ukrainian national who was born in 1963 and lives in Kirovograd. He is a judge of the Kirovograd Regional Court of Appeal (Апеляційний суд Кіровоградської області). The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.

On 16 December 2002 the Pechersky District Court of Kyiv (Печерський районний суд м. Києва) ordered the State Treasury (Державне казначейство України) to pay the applicant UAH 5,027.06[1] in salary arrears and professional benefits. On 9 July 2003 the Kyiv Сity Court of Appeal (Апеляційний суд м. Києва) upheld this judgment and it became final.

On 11 August 2003 the Pechersky District Bailiffs’ Service (Відділ Державної виконавчої служби Печерського районного управління юстиції м. Києва) refused to initiate enforcement proceedings in the case and informed the applicant that he should lodge the enforcement writs with the State Treasury.

On 5 November 2003 the State Treasury refused to enforce the judgment for lack of budgetary funds, and stated that the responsibility for enforcement lay with the State Judicial Administration.

In November 2004 the applicant received the sum due to him by the judgment of 16 December 2002 in full.

COMPLAINTS

The applicant complained about the non-enforcement of the final court judgment given in his favour. In his submissions, the applicant relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.

THE LAW

On 8 November 2006 the Court received the following declaration from the Government:

“I, Yuriy ZAYTSEV, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Roman Mykolayovych Leshchenko with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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.”

On 31 October 2006 the Court received the following declaration, signed by the applicant:

“I, Roman Mykolayovych LESHCHENKO, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek Peer Lorenzen
Registrar President

[1]. EUR 952.