FIFTH SECTION

DECISION

Application no. 3480/05 
by Sergey Vladimirovich DEREVYANKO 
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 11 January 2005,

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 observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Sergey Vladimirovich Derevyanko, is a Ukrainian national who was born in 1963 and lives in the city of Poltava, Ukraine. The Ukrainian Government (“the Government”) were represented by their Agents, Mrs V. Lutkovska and Mr Y. Zaytsev, and Mrs I. Shevchuk, Head of the Office of the Government Agent before the European Court of Human Rights.

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

In 2002 the applicant retired from the military forces. At the same time the applicant instituted proceedings in the Lugansk Garrison Military Court against the military unit claiming compensation for different allowances due to him.

On 15 April 2002 the court awarded the applicant UAH 1,531.541 compensation for his uniform and food (Решение Военного местного суда Луганского гарнизона).

In June 2002 the Zhovtnevyy District Bailiffs’ Service (Отдел Государственной исполнительной службы Жовтневого районного управления юстиции г.Луганска) initiated enforcement proceedings.

By letters of 21 January, 14 May and 13 October 2004, and 1 February 2005 the Lugansk Regional Department of Justice informed the applicant that the judgment in his favour would be enforced gradually in accordance with his place in the list of creditors. It further stated that, according to the Law on the Economic Activities of the Armed Forces of Ukraine (Закон України „Про господарську діяльність у Збройних Силах України”), the property of the Armed Forces cannot be used to enforce a court decision.

By October 2005 the judgment was enforced in full.

COMPLAINTS

The applicant complained under Articles 6 § 1 and 13 of the Convention about the lengthy non-enforcement of the court judgment in his favour.

He also complained of a violation of his property rights under Article 1 of Protocol No. 1.

The applicant further complained of a violation of his right to respect for his private life under Article 8 of the Convention because of the non-enforcement of the court judgment in his favour.

THE LAW

On 14 February 2006 the Court received the following declaration, signed by the applicant:

“I, Mr Sergey Vladimirovich DEREVYANKO, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 1,700 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 1,700 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 of this application. I declare that this constitutes a final resolution of the case.

This declaration is made in the context of a friendly settlement which the Government and I have reached.”

On 21 February 2006 the Court received the following declaration from the Government:

“I, Iryna SHEVCHUK, Head of the Office of the Government Agent before the European Court of Human Rights, declare that the Government of Ukraine offer to pay Mr Sergey Vladimirovich Derevyanko ex gratia the sum of EUR 1,700 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 1,700 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.”

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] [by a majority]

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

Claudia Westerdiek Peer Lorenzen 
 Registrar President

1 At the material time EUR 339.88


DEREVYANKO v. UKRAINE DECISION


DEREVYANKO v. UKRAINE DECISION