SHTABOVENKO AND OTHERS v. UKRAINE - 22722/07 - Committee Judgment [2013] ECHR 381 (25 April 2013)

JUDGMENT STRASBOURG 25 April 2013 This judgment is final. It may be subject to editorial revision. In the case of Shtabovenko and Others v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Boštjan M. Zupančič, President, Ann Power-Forde, Helena Jäderblom, judges, and Stephen Phillips , Deputy Section Registrar, Having deliberated in private on 2 April 2013, Delivers the following judgment, which was adopted on that date: PROCEDURE The case originated in 100 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 Ukrainian nationals, a company based in Ukraine and a Russian national, whose details are specified in the appended tables (“the applicants”). The applicant Mr Viktor Andriyovych Bondar died (application no. 13890/09). His wife, Ms Nadiya Yefremivna Bondar, manifested a wish to pursue the application on his behalf. By letter dated 19 December 2012, the Government informed the Court that the applicant Mr Vladimir Shabodinovich Khamzatov (application no. 33262/10) had died. A copy of the letter was forwarded to the deceased applicant’s address on 19 February 2013 by registered post for comments to be submitted by 11 March 2013. The reader was warned that in the absence of response, the Court would assume that the applicant had died and that no individual was entitled and wished to pursue the application. No reply was received. By letter dated 27 October 2012 the applicant Ms Olena Georgiyivna Mykhaylova (application no. 475/11) informed the Court that she wanted to withdraw the application since the judgment rendered in her favour had been fully enforced. The Government (“the Government”) are represented by their Agent, Mr Nazar Kulchytskyy. On 4 October 2012 the applications above were communicated to the Government of Ukraine. The Russian Government, having been informed of their right to intervene in the proceedings in respect of the applicant in application no. 63882/09 (Article 36 § 1 of the Convention and Rule 44 of the Rules of Court), indicated that they did not wish to exercise that right. THE FACTS THE CIRCUMSTANCES OF THE CASE On the dates set out in the appended tables domestic courts and labour disputes commissions delivered decisions according to which the applicants were entitled to various pecuniary amounts 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. Some of the applicants also made submissions concerning factual and legal matters unrelated to the above non-enforcement issues. THE LAW I. THE STANDING OF THE APPLICANT IN APPLICATION No. 13890/09 The Court considers that the applicant’s wife in application no. 13890/09 (see paragraph 2 above) has standing to continue the proceedings in the applicant’s stead (see, among other authorities, Mironov v. Ukraine , no. 19916/04, § 12, 14 December 2006). II. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1 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 relied on, expressly or in substance, Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1. A. Applications tabulated in Appendices 1 and 2 The Court considers that the applications tabulated in Appendices 1 and 2 should be joined, given their common factual and legal background. 1. Applications tabulated in Appendix 1 In their observations the Government submitted that the debtor in respect of the judgments indicated in Appendix 1 was a private company. However, between 28 November 2005 and 30 July 2010 the Fuel and Energy (Complex Enterprises) Register included the debtor in the procedure for recovery of debts pursuant to the 2005 Act on measures designed to ensure the stable functioning of fuel and energy enterprises and all enforcement proceedings in respect of it were frozen. Therefore, the Government bore responsibility for the debtor’s actions from the moment when the applicants’ judgments became final and until it was excluded from the Register. They argued that those periods could not be considered excessive. As regards the period after 30 July 2010, the Government, referring to the Court’s case law (see Dovgal v. Ukraine (dec.), no. 50726/06, 20 October 2009), maintained that the State was responsible for the non-enforcement in the applicant’s favour only insofar as the State Bailiffs’ Service was involved, while the applicants had not challenged before the domestic courts the Bailiffs’ alleged inactivity in the enforcement of their judgments. Given the above the Government claimed that the applications should be declared inadmissible as manifestly ill-founded. G iven its findings in previous similar cases against Ukraine (see, for instance , Andreyenko and Others v. Ukraine (dec.), no. 22312/03, 19 June 2007 and Gapeyev v. Ukraine (dec.), no. 21659/06, 17 November 2009), the Court considers that these applications must be declared inadmissible pursuant to Article 35 § 3 (a) of the Convention. 2. Applications tabulated in Appendix 2 The Government submitted in their observations that the debtor in respect of the judgments specified in Appendix 2 was a private legal entity. They reiterated that the State’s positive obligation to enforce the judgments against a private entity extends no further than the involvement of State bodies in the enforcement proceedings. They claimed that the applicants’ complaints are manifestly ill-founded given that they failed to challenge the actions of the State Bailiffs’ Service. The Court observes that the parties’ submissions did not disclose that there were any factors, attributable to the State, which impeded or blocked the enforcement of the judgments at issue for an excessively long period of time. In any event it appeared after the communication of the applications to the respondent Government that on 5 July 2007, that is more than six months before the applications were lodged with this Court, the debtor had been finally liquidated without legal successor due to bankruptcy and excluded from the State companies register. These applications must, therefore, be declared inadmissible as manifestly ill-founded pursuant to Article 35 § 3 (a) of the Convention. B. Applications tabulated in Appendix 3 In view of the similarity of the applications in terms of the principal legal issue raised, the Court finds it appropriate to join them. The Court notes that the applicant in application no. 33262/10, Mr Vladimir Shabodinovich Khamzatov, has died and that no heir has requested permission to pursue the application. It also notes that the applicant in application no. 475/11, Ms Olena Georgiyivna Mykhaylova, informed the Court that she did not intend to pursue the application since the judgment, rendered in her favour had been fully enforced. In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications. In view of the above, it is appropriate to strike the applications out of the list. C. Applications tabulated in Appendices 4 and 5 In view of the similarity of the applications in terms of the principal legal issue raised, the Court finds it appropriate to join them. The Court notes that the above complaints of the applicants tabulated in Appendices 4 and 5 (see paragraph 11 above) 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. The Court finds that the decisions in the applicants’ favour were not enforced in due time, for which the State authorities were responsible. 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. It also considers that there has been 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. III. OTHER ALLEGED VIOLATIONS OF THE CONVENTION 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. 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. IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION 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.” In the present case, bearing in mind its previous decision on the matter (see Kharuk and Others v. Ukraine [Committee], no. 703/05 and 115 other applications, § 25, 26 July 2012), 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 4) and EUR 1,500 to each applicant in the other applications (the applications tabulated in Appendix 5). These sums are to cover any pecuniary and non-pecuniary damage, as well as costs and expenses. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable. 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 tabulated in Appendices 1 and 2; 2. Declares inadmissible the applications indicated in Appendices 1 and 2; 3. Decides to join the applications tabulated in Appendix 3; 4. Decides to strike the applications enumerated in Appendix 3 out of its list of cases in accordance with Article 37 § 1 (b) of the Convention; 5. Decides to join the applications tabulated in Appendices 4 and 5; 6. Declares the complaints of the applicants listed in Appendices 4 and 5, 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; 7. Holds that there has been a violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1; 8. Holds that there has been a violation of Article 13 of the Convention; 9. Holds (a) that the respondent State is to enforce the domestic decisions in the applicants’ favour which remain enforceable, 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 4 and EUR 1,500 (one thousand five hundred euros) to each applicant or his or her estate in the applications tabulated in Appendix 5 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 25 April 2013, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Stephen Phillips Boštjan M. Zupančič Deputy Registrar President APPENDIX 1 (inadmissible applications) No. Application no. and date of introduction Applicants’ name and date of birth Relevant domestic decision 1. 63284/09 17/11/2009 Nadiya Kostyantynivna KRAVCHENYUK 11/08/1959 Oleksandriya Court, 05/05/2009 2. 63328/09 17/11/2009 Tetyana Yuriyivna PASICHNA 19/04/1960 Oleksandriya Court, 05/05/2009 APPENDIX 2 (inadmissible applications) No. Application no. and date of introduction Applicants’ name and date of birth Relevant domestic decision 3. 6147/11 14/01/2011 Olga Illivna YAKOVENKO 19/08/1951 Krukivskyy District Court of Kremenchuk, 04/03/2005 4. 6164/11 14/01/2011 Stanislav Viktorovych TSARENKO 01/01/1971 Krukivskyy District Court of Kremenchuk, 20/12/2004 5. 6214/11 14/01/2010 Volodymyr Panteliyovych PALIYENKO 19/07/1944 Krukivskyy District Court of Kremenchuk, 24/05/2004 APPENDIX (applications struck out of the Court’s list of cases) No. Application no. and date of introduction Applicants’ name and date of birth Relevant domestic decision 6. 33262/10 25/05/2010 Vladimir Shabodinovich KHAMZATOV 01/01/1948 1) Torez Court , 16/04/2008 2) Torez Court , 16/07/2008 3) Torez Court , 18/07/2008 7. 475/11 13/12/2010 Olena Georgiyivna MYKHAYLOVA 01/01/1964 Zhovtnevyy District Court of Kharkiv, 07/04/2010 APPENDIX 4 (non-enforcement delays three years and more) No. Application no. and date of introduction Applicants’ name and date of birth Relevant domestic decisions 8. 22722/07 05/05/2007 Vasyl Petrovych SHTABOVENKO 27/12/1952 Tsentralnyy District Court of Mykolayiv, 18/04/2002 9. 13890/09 18/02/2009 Viktor Andriyovych BONDAR 09/03/1939 Tetiyiv Court, 26/11/2007 10. 57014/09 19/10/2009 Valeriy Volodymyrovych SACHEK 02/04/1966 Ovruch Court, 03/04/2002 11. 59484/09 02/11/2009 Mariya Yosypivna TABACHUK 04/07/1949 Popilnyanskyy District Court of the Zhytomyr Region, 30/10/2006, as amended by the Zhytomyr Regional Court of Appeal, 17/01/2008 12. 59562/09 28/10/2009 Oksana Vladimirovna SECHKAREVA 18/10/1982 Krasnyy Luch Court, 11/10/2006 13. 59650/09 22/10/2009 Oleksandr Volodymyrovych BURYAK 27/06/1955 1) Oleksandriya Court, 29/01/2008, as amended by the Dnipropetrovsk Administrative Court of Appeal, 05/11/2008 2) Oleksandriya Court, 15/04/2008, as amended by the Dnipropetrovsk Administrative Court of Appeal, 04/12/2008 14. 59976/09 09/11/2009 Mykola Viktorovych TOCHENYY 13/05/1963 Obolonskyy District Court of Kyiv, 16/09/2003, quashed by the Higher Administrative Court on 02/11/2010 15. 60221/09 26/10/2009 Anatoliy Ivanovych GUMONITSKYY 01/01/1950 Tetiyiv Court, 31/01/2008 16. 60971/09 05/11/2009 Mykola Stepanovych VASYLYK 21/01/1967 Kolomyya Court, 09/12/2004 17. 61111/09 04/11/2009 Viktor Sergiyovych YALPUTA 19/09/1954 Oleksandriya Court, 15/05/2008 18. 61123/09 01/11/2009 Anatoliy Ivanovich YELISEYEV 06/01/1947 1) Novogrodivka Court , 31/07/2002 2) Decision of a Labour Disputes Commission of the Novogrodivska Mine, lodged with the State Bailiffs’ Service on 16 April 2004. 19. 61576/09 16/11/2009 Andriy Mykolayovych BARDAS 07/09/1968 Military Court of the Cherkassy Garrison, 31/08/2005 20. 61892/09 11/11/2009 Mykola Tykhonovych GORBACHUK 25/01/1949 Solomyanskyy District Court of Kyiv, 16/01/2006 21. 62027/09 11/11/2009 Svitlana Mykolayivna BYSHA 06/01/1946 Oleksandriya Court, 11/02/2008 22. 62319/09 12/11/2009 Olena Fedorivna DAVYSKYBA 25/08/1932 Trostyanets Court, 15/05/2007 23. 62469/09 19/11/2009 Anatoliy Andriyovych MAKSYMENKO 29/09/1959 Lubny Court, 19/06/2007 24. 63000/09 27/10/2009 Svetlana Nikiforovna CHERNOVA 15/04/1964 Labour Disputes Commission of the Ukrayinskyy Naukovo-Doslidnyy Instytut Skla, State Enterprise, 05/02/2007 25. 63028/09 27/10/2009 Larisa Ivanovna KLIPENKO 21/06/1951 Labour Disputes Commission of the Ukrayinskyy Naukovo-Doslidnyy Instytut Skla, State Enterprise , 05/02/2007 26. 63090/09 27/10/2009 Mariya Vasilyevna BUT 12/02/1947 Labour Disputes Commission of the Ukrayinskyy Naukovo-Doslidniy Instytut Skla, State Enterprise, 27/02/2007 27. 63100/09 27/10/2009 Nina Vasilyevna LITVINOVA 25/06/1950 Kostyantynivka Court, 15/10/2004 28. 63106/09 27/10/2009 Lyudmila Alekseyevna KOROLEVA 16/01/1942 Kostyantynivka Court, 29/03/2001 29. 63114/09 27/10/2009 Lidiya Ivanovna TISHCHENKO 06/10/1941 Kostyantynivka Court, 25/08/2005 30. 63123/09 27/10/2009 Vladimir Vladimirovich PASECHNIK 13/11/1970 Kostyantynivka Court, 22/12/1997 31. 63132/09 27/10/2009 Igor Viktorovich MIROSHNICHENKO 02/04/1971 Kostyantynivka Court, 14/03/2003 32. 63150/09 27/10/2009 Eduard Mikhaylovich SOLOVYEV 27/06/1969 1) Kostyantynivka Court , 22/12/1997 2) Kostyantynivka Court , 27/01/2003 33. 63157/09 27/10/2009 Lyudmila Andreyevna GORCHAKOVA 22/11/1937 Kostyantynivka Court, 02/04/2001 34. 63163/09 27/10/2009 Yekaterina Vasilyevna NESTERENKO 21/10/1956 1) Kostyantynivka Court , 02/08/2002 2) Kostyantynivka Court , 18/04/2003 35. 63180/09 27/10/2009 Yevgeniy Nikolayevich GUZHVA 02/01/1968 1) Kostyantynivka Court , 30/09/2004 2) Kostyantynivka Court , 20/10/2004 3) Labour Disputes Commission of the Avtosklo, State Enterprise , 14/07/2006 36. 63198/09 27/10/2009 Lyudmila Alekseyevna SEMCHISHYNA 07/08/1927 Kostyantynivka Court, 02/04/2001 37. 63206/09 27/10/2009 Yekaterina Vasilyevna IVASHCHENKO 19/03/1952 Labour Disputes Commission of the Ukrayinskyy Naukovo-Doslidnyy Instytut Skla, State Enterprise, 05/02/2007 38. 63212/09 27/10/2009 Zhanetta Petrovna SHUBINA 08/11/1932 Labour Disputes Commission of the Avtosklo, State Enterprise, 12/03/2001 39. 63213/09 27/10/2009 Natalya Vladimirovna MADYUDYA 15/10/1971 1) Labour Disputes Commission of the Avtosklo, State Enterprise , 27/12/2000 2) Kostyantynivka Court , 08/05/2009 40. 63217/09 27/10/2009 Vadim Aleksandrovich STAROSTENKO 29/05/1962 Kostyantynivka Court, 01/02/2002 41. 63224/09 27/10/2009 Nina Stepanovna GEBUZA 09/10/1937 1) Kostyantynivka Court , 08/11/2002 2) Kostyantynivka Court , 08/11/2002 42. 63226/09 27/10/2009 Valentina Ivanovna KUSHCHENKOVA 07/04/1957 1) Labour Disputes Commission of the Avtosklo, State Enterprise , 11/12/1997 2) Kostyantynivka Court , 19/03/2001 43. 63230/09 27/10/2009 Nina Alekseyevna VOLKOVA 23/11/1957 Kostyantynivka Court, 25/01/2002 44. 63235/09 27/10/2009 Tatyana Gennadyevna SAKHNO 31/01/1956 Labour Disputes Commission of the Ukrayinskyy Naukovo-Doslidnyy Instytut Skla, State Enterprise , 05/11/2007 45. 63365/09 27/10/2009 Valentin Borisovich GOLOVCHENKO 07/07/1948 1) Kostyantynivka Court , 08/04/2002 2) Kostyantynivka Court , 23/01/2009 46. 63369/09 18/11/2009 Applicant 2: Ivan Petrovich KOROLKOV 01/01/1940 1) Pecherskyy District Court of Kyiv, 16/02/2007 2) Pecherskyy District Court of Kyiv, 20/03/2007 47. 63374/09 27/10/2009 Lidiya Prokofyevna ORLOVA 05/04/1939 Kostyantynivka Court, 17/09/2004 48. 63379/09 27/10/2009 Mikhail Mikhaylovich NEDOPEKIN 08/10/1950 Labour Disputes Commission of the Avtosklo, State Enterprise , 12/04/2003 49. 63385/09 27/10/2009 Stanislav Stepanovich GURKOVSKIY 11/09/1959 Kostyantynivka Court, 26/01/2009 50. 63393/09 27/10/2009 Irina Ivanovna SHTOFEL 10/02/1955 Kostyantynivka Court, 03/03/2005 51. 63399/09 27/10/2009 Aleksandr Mikhaylovich SHTOFEL 22/10/1949 1) Kostyantynivka Court , 03/04/2003 2) Kostyantynivka Court , 13/06/2006 52. 63401/09 27/10/2009 Yevgeniy Aleksandrovich KOVAL 17/12/1950 Kostyantynivka Court, 23/09/2002 53. 63408/09 27/10/2009 Vladimir Ivanovich KIYAN 02/04/1954 Kostyantynivka Court, 13/11/2001 54. 63413/09 27/10/2009 Nikolay Vasilyevich DUDNIK 20/01/1937 1) Labour Disputes Commission of the Tekhbudsklo, State Enterprise, 25/09/2002 2) Kostyantynivka Court , 03/03/2009 55. 63418/09 27/10/2009 Valentina Ivanovna LISTRATENKO 01/10/1946 Kostyantynivka Court, 15/11/2001 56. 63425/09 27/10/2009 Galina Vladimirovna DUNAYTSEVA 28/02/1949 Kostyantynivka Court, 23/10/2002 57. 63435/09 27/10/2009 Alla Nikolayevna BOZHKO 18/03/1964 Kostyantynivka Court, 05/09/2002 58. 63479/09 27/10/2009 Olga Yefimovna GLADILINA 01/12/1947 1) Kostyantynivka Court , 14/05/2003 2) Kostyantynivka Court , 28/04/2004 59. 63569/09 17/11/2009 Sergiy Stepanovych NAKONECHNYY 01/01/1959 Tetiyiv Court, 04/12/2007 60. 63866/09 27/10/2009 Valentina Demyanovna KUZOVENINA 30/12/1948 Krasnyy Luch Court, 03/10/2007 61. 63882/09 23/11/2009 Anastasiya Semenovna DIKAREVA 31/10/1934 Sieverodonetsk Court, 18/07/2008 62. 64434/09 26/11/2009 Lyubov Yakivna LYAKHOVA 24/04/1948 1) Bakhchisaray Court , 11/02/2004 2) Bakhchisaray Court , 19/04/2007 63. 65379/09 30/11/2009 Sergey Aleksandrovich MIKHAYLOV 02/10/1966 Krasnyy Luch Court, 06/10/2008 64. 65682/09 24/11/2009 Andrey Vladimirovich LOBANOV 11/11/1976 Novogrodivka Court, 02/11/2005 65. 67048/09 10/12/2009 Pavlo Vasylyovych KOZIYCHUK 04/01/1931 Bershad Court, 28/05/2009 66. 1197/10 22/12/2009 Nina Dmytrivna VALENTYUK 13/09/1955 Mariya Opanasivna VALENTYUK 20/11/1929 Dmytro Anatoliyovych VALENTYUK 01/01/1984 Valentyna Anatoliyivna KLIMCHUK 30/07/1976 Khmelnytskyy Court, 07/04/2005, as amended by the Khmelnytskyy Regional Court of Appeal on 21/10/2005 67. 19486/10 18/03/2010 Anatoliy Vyacheslavovich VLADIMIRSKIY 12/09/1957 1) Bryanka Court , 18/04/2006 2) Bryanka Court , 17/06/2008 68. 24423/10 19/04/2010 Olena Vasylivna MORDOVINA 28/07/1959 1) Labour Disputes Commission of the Pervomayskyy State Enterprise «Khimprom», 10/12/2007 2) Labour Disputes Commission of the Pervomayskyy State Enterprise «Khimprom», 18/02/2008 3) Pervomayskyy Court , 26/06/2008 69. 25755/10 23/04/2010 Igor Oleksandrovych BALESNYY 16/11/1975 Krasnyy Lyman Court, 12/12/2003 70. 37249/10 21/06/2010 Mykola Grygorovych PETNYAK 20/02/1966 Galytskyy District Court of Lviv, 22/07/2009 71. 46988/10 23/07/2010 Sergey Ivanovich MAYMURENKO 02/05/1947 1) Kramatorsk Court , 21/01/2009 2) Kramatorsk Court , 21/01/2009 72. 48871/10 30/07/2010 Yaroslava Petrivna VIVCHAR 10/04/1955 Lychakivskyy District Court of Lviv, 23/06/2009 73. 63837/10 18/10/2010 Anatoliy Grygorovych VORONKO 24/01/1939 Dniprovskyy District Court of Kyiv, 16/05/2007 74. 67118/10 08/11/2010 Vasyl Dmytrovych NYZOVETS 01/09/1923 1) Shepetivka Court, 18/12/2007, as amended by the Lviv Administrative Court of Appeal on 30/09/2008 2) Shepetivka Court , 26/02/2009 75. 70818/10 17/11/2010 Viktor Pavlovych OBLOG 08/11/1955 Shostka Shostka Court, 26/12/2008 76. 70849/10 22/11/2010 MZHK MRIYA, TOV Lugansk Regional Commercial Court, 02/04/2007 77. 71165/10 20/11/2010 Anatoliy Petrovych SANEVYCH 04/11/1962 Zhytomyr Regional Administrative Court, 27/09/2007 78. 72636/10 29/11/2010 Valentina Viktorovna PROKOPENKO 19/05/1962 Pervomayskyy Court, 22/08/2008 79. 73013/10 29/11/2010 Valentina Nikolayevna SOKOLOVA 01/01/1965 Pervomayskyy Court, 10/07/2008 80. 73067/10 01/12/2010 Olga Petrivna KALASHNYUK 01/01/1939 Tetiyiv Court, 29/11/2007 81. 73241/10 30/11/2010 Tatyana Ivanovna POKHODZHAY 23/08/1953 1) Labour Disputes Commission of the Pervomayskyy State Enterprise “Khimprom”, 10/12/2007 2) Pervomayskyy Court , 25/07/2008 82. 73818/10 20/11/2010 Iryna Ivanivna GULCHAK 01/01/1954 Staromiskyy District Court of Vinnytsya, 29/07/2002 83. 73882/10 26/10/2010 Sergey Nikolayevich PUGACH 17/02/1967 Novogrodivka Court, 06/11/1996 84. 74828/10 29/11/2010 Galina Vasilyevna MAKSIMOVICH 01/01/1952 Pervomayskyy Court, 09/07/2008 85. 1330/11 22/12/2010 Viktor Ivanovych KOLOSOV 01/01/1946 1) Lysychansk Court , 03/02/2005 2) Lysychansk Court , 05/04/2005 86. 1397/11 21/12/2010 Anatoliy Dmytrovych KOLYADA 15/11/1957 Kyiv Administrative Court of Appeal, 08/10/2009 87. 1437/11 20/12/2010 Anatoliy Kirillovich YOVZHENKO 28/03/1949 1) Selydove Court , 18/02/2009 2) Selydove Court , 20/02/2009 88. 2016/11 27/12/2010 Vladimir Ivanovich MALYUK 08/08/1955 Lysychansk Court, 25/11/2008 89. 3203/11 17/11/2010 Viktor Pavlovych OBLOG 08/11/1955 Shostka Court, 30/06/2009 90. 4481/11 28/12/2010 Vladimir Ivanovich MALYUK 08/08/1955 Lysychansk Court, 04/09/2008 91. 5406/11 12/01/2011 Mykola Yuriyovych PRYSHCHEPA 01/01/1948 Tetiyiv Court, 26/11/2007 92. 5779/11 13/11/2011 Nikolay Pavlovich ZAKHAROV 01/05/1949 Lugansk Regional Commercial Court, 20/05/2003 93. 5836/11 15/01/2011 Volodymyr Vasylyovych ZAMRYKOTA 04/09/1960 Fastiv Court, 05/03/2008 94. 5844/11 12/01/2011 Tamara Volodymyrivna ILYASHEVA 25/04/1951 Lysychansk Court, 02/02/2005 95. 5965/11 13/01/2011 Svitlana Fedorivna SHEMYAKINA 09/10/1944 Lysychansk Court, 20/01/2005 APPENDIX 5 (non-enforcement delays less than three years) No. Application no. and date of introduction Applicant name date of birth Relevant domestic decisions 46. 63369/09 18/11/2009 Applicant 1: Vladislav Valentinovich VOROBYEV 20/11/1940 1) Pecherskyy District Court of Kyiv, 16/02/2007 2) Pecherskyy District Court of Kyiv, 20/03/2007 96. 27326/10 13/04/2010 Nikolay Vasilyevich PETUSHKOV 13/12/1956 Fedor Viktorovich MAKAROV 26/09/1954 Donetsk Regional Court of Appeal, 16/10/2009 97. 56006/10 14/09/2010 Oleksandr Grygorovych MASHCHENKO 20/08/1981 Sevastopol Administrative Court of Appeal, 19/05/2010 98. 477/11 13/12/2010 Tetyana Pavlivna DOLGOVA 01/01/1952 Zhovtnevyy District Court of Kharkiv, 12/04/2010 99. 480/11 13/12/2010 Olena Anatoliyivna OLIYNYK 01/01/1953 Zhovtnevyy District Court of Kharkiv, 05/10/2009 100. 5747/11 15/01/2011 Sergey Georgiyevich CHURSIN 01/01/1956 Tsentralno-Miskyy Court of Makiyivka, 28/04/2010 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII