FIFTH SECTION

DECISION

Application no. 34503/04 
by Vasyl Ivanovych RUBAN 
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 6 June 2006 as a Chamber composed of:

Mr P. Lorenzen, President, 
 Mr K. Jungwiert, 
 Mr V. Butkevych, 
 Mrs M. Tsatsa-Nikolovska, 
 Mr R. Maruste, 
 Mr J. Borrego Borrego, 
 Mrs R. Jaeger, judges, 
and Mrs C. Westerdiek, Section Registrar,

Having regard to the above application lodged on 15 September 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 submitted by the applicant and the Government on 6 and 28 April 2006 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Vasyl Ivanovych Ruban, is a Ukrainian national who was born in 1936 and lives in Zhytomyr. The Ukrainian Government (“the Government”) were represented by their Agents, Ms V. Lutkovska, succeeded by Mr Yu. Zaytsev, from the Ministry of Justice.

The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 10 April 2003 the Korolivskiy District Court of Zhytomyr ordered the Korolivskiy District Social Welfare Department (“the Department”) to pay the applicant UAH 2,268.201 in health allowance arrears.

On 30 May 2003 the same court rejected the Department’s request for leave to appeal against the judgment for having been lodged out of time. On 8 July 2003 the Zhytomyr Regional Court of Appeal upheld the decision of 30 May 2003.

On 16 May 2003 the Korolivskiy District Bailiffs’ Service instituted enforcement proceedings in the case.

On 22 November 2004 the Bailiffs’ Service discontinued the enforcement proceedings due to the lack of State budgetary allocations in respect of the Department’s expenditures.

The judgment remains unenforced.

COMPLAINT 

The applicant complained about the State authorities’ failure to enforce the judgment of the Korolivskiy District Court of Zhytomyr of 10 April 2003. He relied on Article 6 § 1 of the Convention.

THE LAW

On 6 April 2006 the Court received the following declaration signed by the applicant:

I, Mr Vasyl Ivanovych Ruban, note that the Government of Ukraine are prepared to pay the judgment debt of 10 April 2003 still owed to me, as well as to pay me ex gratia the sum of EUR 2,000 with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

The sum of EUR 2,000 (two thousand euros) 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.”

On 28 April 2006 the Court received the following declaration from the Government:

I, Mr Yuriy Zaytsev, Government Agent before the European Court of Human Rights, declare that the Government of Ukraine offer to pay the judgment debt of 10 April 2003 still owed to Mr Vasyl Ivanovych Ruban, as well as to pay him ex gratia 2,000 euros to Mr Vasyl Ivanovych Ruban with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

The sum of EUR 2,000 (two thousand euros) 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 the above amount within the said three-month period, the Government undertake to pay simple interest on these sums, 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.”

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.  Around EUR 382.


RUBAN v. UKRAINE DECISION


RUBAN v. UKRAINE DECISION