Nataliya Vladimirovna PODOLSKAYA & Ors v Ukraine - 35966/06 [2011] ECHR 1623 (27 September 2011)

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Nataliya Vladimirovna PODOLSKAYA & Ors v Ukraine - 35966/06 [2011] ECHR 1623 (27 September 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/1623.html Cite as: [2011] ECHR 1623 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 35966/06 Nataliya Vladimirovna PODOLSKAYA against Ukraine and 5 other applications (see list appended) The European Court of Human Rights (Fifth Section), sitting on 27 September 2011 as a Committee composed of: Boštjan M. Zupančič, President, Ganna Yudkivska, Angelika Nußberger, judges, and Stephen Phillips , Deputy Section Registrar , Having regard to the above six applications lodged on various dates, Having regard to the formal declarations accepting a friendly settlement of the cases, Having deliberated, decides as follows: PROCEDURE The applications were lodged by six Ukrainian nationals whose names, dates of birth and places of residence are tabulated below. The Ukrainian Government (“the Government”) were represented by their Agent, Ms V. Lutkovska, of the Ministry of Justice. The applicants complained mainly under Articles 6 § 1 and 13 of the Convention about the length of the court proceedings in their cases. The Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications against an undertaking by the Government to pay the applicants the sums in euros as noted in the Annex to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Ukrainian hryvnia at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. The sums 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 these sums within the said three-month period, the Government will undertake to pay simple interest on them, from expiry of that period until settlements, 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 cases. THE LAW The Court takes note of the friendly settlement reached between the parties. It is satisfied that this settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the cases out of the list. For these reasons, the Court unanimously Decides to join the applications; Decides to strike the applications out of the list of cases. Stephen Phillips Boštjan M. Zupančič Deputy Registrar President Annex No. Appl. Number Name of the applicant, born in, lives in Date of introduction Date of signing friendly settlement declaration by Government │ Applicant Sum of the friendly settlement 35966/06 PODOLSKAYA Nataliya Vladimirovna, 1960, Dnipropetrovsk 27/08/2006 03/06/2011 15/04/2011 1,800 8673/07 MISHCHENKO Svitlana Viktorivna, 1938, Kyiv (the applicant died on 19/09/2008 and her widower, Mr Kostyantyn Omelyanovych Mischenko , expressed his wish to pursue the application ) 07/02/2007 22/04/2011 28/04/2011 2,600 8973/07 TETERVOVA Lyudmila Nikolayevna, 1958, Zelenodolsk 14/02/2007 22/04/2011 22/03/2011 3,400 34779/07 TYUPINA Nataliya Petrivna, 1952, Ivano-Frankivsk 21/07/2007 05/11/2010 5/11/2010 1,300 27861/08 RUD Maryna Andriyivna, 1965, Kremenchuk 02/06/2008 29/04/2011 07/06/2011 3,500 50608/08 TYMBAY Anatoliy Vasylyovych, 1986, Tamorske 10/10/2008 29/04/2011 22/04/2011 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/1623.html