36882/19, SEGEDI I INNI v. UKRAINA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 18 lutego 2021 r. 36882/19

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2021:0218DEC003688219

FIFTH SECTION

DECISION

Application no. 36882/19

Vyacheslav Fedorovych SEGEDI and Others

against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 18 February 2021 as a Committee composed of:

Ivana Jelić, President,

Ganna Yudkivska,

Arnfinn Bårdsen, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 July 2019,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr O.V. Mytsyk, a lawyer practising in Lviv.

The applicants' complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government ("the Government").

The Court received the friendly-settlement declaration, signed by the parties, under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court's decision. In the event of failure to pay these amounts within the above–mentioned three-month period, the Government undertake to pay simple interest on them, from the 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.

Uzasadnienie prawne

THE LAW

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 the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 11 March 2021.

{signature_p_2}

Liv Tigerstedt Ivana Jelić

Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of criminal proceedings and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant's name

Year of birth

Date of receipt of Government's declaration

Date of receipt of Applicant's declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) 1

36882/19

05/07/2019

(3 applicants)

Vyacheslav Fedorovych SEGEDI

1974

Viktor Ivanovych POPOVYCH

1970

Yevgen Ivanovych GESHTEN

1978

18/01/2021

30/04/2020

2,400

1

Plus any tax that may be chargeable to the applicants.