FIFTH SECTION

CASE OF SEMYANISTY AND OTHERS v. UKRAINE

(Application no. 7070/04)

JUDGMENT

STRASBOURG

9 January 2014

This judgment is final. It may be subject to editorial revision.

In the case of Semyanisty 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 3 December 2013,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1.  The case originated in an application (no. 7070/04) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 53 Ukrainian nationals, (“the applicants”), on 3 January 2004. The personal details of the applicants are listed in the annexed table.
2.  The applicants were represented by Mr V.N. Bychkovskiy.
3.  The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
4.  On 2 March 2009 the application was communicated to the Government.
5.  On 18 May 2009 the applicants’ representative informed the Court that the applicants listed in the annexed table under nos. 2, 5, 6, 10, 31, 33, 41 and 43 had died and that their next of kin (Ms Boltova, Ms Buchnyeva, Ms Gaydar, Mr Izosin, Ms Poterpeyeva, Ms Selivestrova, Mr Sysoyev and Ms Russu) expressed the wish to maintain the application on their behalf.
6.  On 2 October 2012 the Government also informed the Court that the applicants Mr Grosberg, Ms Izosina, Mr Kochubey, Mr Lantsov, Ms Litvinova, Ms Shilepina, Mr Tarasov, Mr Tikhonov, Mr Tokarev, Ms Voronaya, Mr Yevdokimov, Ms Zmiyevskaya and Ms Zolotoverkhova (listed in the annexed table under nos. 9, 11, 15, 19, 23, 38, 42, 44, 46, 48, 50, 52 and 53) had died. The Government invited the Court to strike the application insofar as lodged by those applicants from its list of cases.
THE FACTS
THE CIRCUMSTANCES OF THE CASE
7.  In the period from 1998 to 2002 (the exact dates are listed in the appended table) the Krasnyy Luch Court delivered decisions according to which the State-owned coal mine “Almaznaya” was obliged to pay the applicants or their next of kin heating coal, to which they were entitled under the domestic law. The decisions became final and enforceable. However, the applicants were unable to obtain the enforcement of the decisions in due time.
THE LAW
I.  AS TO THE LOCUS STANDI OF Ms BOLTOVA, Ms BUCHNYEVA, Ms GAYDAR, Mr IZOSIN, Ms POTERPEYEVA, Ms SELIVESTROVA, Mr SYSOYEV AND Ms RUSSU
8.  The Court notes that the present application concerns a property right which is in principle transferable to the heirs, and that there are next of kin of the applicants who wish to pursue the application. In these circumstances the Court considers that the next of kin of the applicants listed in the annexed table under nos. 2, 5, 6, 10, 31, 33, 41 and 43 have standing to continue the present proceedings in their stead (see, among other authorities, Mironov v. Ukraine, no. 19916/04, § 12, 14 December 2006).
II.  THE GOVERNMENT’S REQUEST TO STRIKE OUT THE APPLICATION INSOFAR AS LODGED BY Mr GROSBERG, Ms IZOSINA, Mr KOCHUBEY, Mr LANTSOV, Ms LITVINOVA, Ms SHILEPINA, Mr TARASOV, Mr TIKHONOV, Mr TOKAREV, Ms VORONAYA, Mr YEVDOKIMOV, Ms ZMIYEVSKAYA AND Ms ZOLOTOVERKHOVA
9.  The Court notes that by letters dated 16 July 2013, sent by registered post to the addresses of the applicants, who were reported by the Government as deceased (see § 6 above), “those to whom it might concern” were invited to inform the Court by 16 August 2013 whether they wish to maintain the application. Their attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that there are no person, who intend to pursue the application. The letters sent to the addresses of the applicants listed in the annexed table under nos. 23 and 44 were received on 30 July 2013, however no replies followed. The remainder of the letters returned to the Court unclaimed (non réclamé).
10.  In view of the above the Court decides to strike out from its list of cases the application insofar as lodged by Mr Grosberg, Ms Izosina, Mr Kochubey, Mr Lantsov, Ms Litvinova, Ms Shilepina, Mr Tarasov, Mr Tikhonov, Mr Tokarev, Ms Voronaya, Mr Yevdokimov, Ms Zmiyevskaya and Ms Zolotoverkhova (applicants listed in the annexed table under nos. 9, 11, 15, 19, 23, 38, 42, 44, 46, 48, 50, 52 and 53), since the applicants died and there are no persons wishing to pursue the application. Furthermore, in accordance with Article 37 § 1 in fine, there are no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of their complaints.
III.  ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1
11.  The applicants complained about the lengthy non-enforcement of the judgments given in their favour and about the lack of effective domestic remedies in respect of those complaints. They relied on Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1.
12.  The Court notes that the complaints of the applicants 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.
13.  The Court finds that the decisions in the applicants’ favour were not enforced in due time, for which the State authorities were responsible.
14.  Having regard to its well-established case-law on the subject (see Yuriy Nikolayevich Ivanov v. Ukraine, no. 40450/04, § §§ 56-58 and 66-70, 15 October 2009), 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.
IV.  APPLICATION OF ARTICLE 41 OF THE CONVENTION
15.  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.”
16.  In the present case, the Court considers it reasonable and equitable (see Kononova and Others v. Ukraine [Committee], no. 11770/03 and 89 other applications, § 24, 6 June 2013; Tsibulko and Others v. Ukraine [Committee], no. 65656/11 and 249 other applications, § 19, 20 June 2013; Pysarskyy and Others v. Ukraine [Committee], no. 20397/07 and 164 other applications, § 24, 20 June 2013) to award 2,000 euros (EUR) to each of the applicants listed in the annexed table or their next of kin (with the exception of the applicants struck out of the Court’s list of cases – see § 11 above). This sum is to cover any pecuniary and non-pecuniary damage, as well as costs and expenses.
17.  The Court further notes that the respondent State has an outstanding obligation to enforce the decisions which remain enforceable.
18.  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 strike the application insofar as lodged by Mr Grosberg, Ms Izosina, Mr Kochubey, Mr Lantsov, Ms Litvinova, Ms Shilepina, Mr Tarasov, Mr Tikhonov, Mr Tokarev, Ms Voronaya, Mr Yevdokimov, Ms Zmiyevskaya and Ms Zolotoverkhova (the applicants listed in the annexed table under nos. 9, 11, 15, 19, 23, 38, 42, 44, 46, 48, 50, 52 and 53) out of its list of cases;

2.  Declares admissible the complaints of the remaining applicants under Article 6 § 1, 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;

4.  Holds that there has been a violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1;

5.  Holds that there has been a violation of Article 13 of the Convention;

6.  Holds
(a)  that within three months the respondent State is to enforce the domestic decisions in the favour of the applicants or their next of kin (with the exception of the applicants listed in the annexed table under nos. 9, 11, 15, 19, 23, 38, 42, 44, 46, 48, 50, 52 and 53) and is to pay EUR 2,000 (two thousand euros) to each applicant listed in the annexed table or his or her estate (with the exception of the applicants listed in the annexed table under nos. 9, 11, 15, 19, 23, 38, 42, 44, 46, 48, 50, 52 and 53) 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 9 January 2014, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
	Stephen Phillips	Boštjan M. Zupančič
	Deputy Registrar	President

APPENDIX

No. 	Applicant’s name
	Year of birth (if known)	Date of the court decision	
1	SEMYANISTY
GRIGORIY MIRONOVICH	unspecified 	23 October 2001	
2 	BOLTOV
SERGEY VASILYEVICH	1930	14 January 2002	
3 	BORTNIKOVA
LYUBOV MITROFANOVNA	1964	30 March 2001	
4	BORZENKO
MARIYA IGNATYEVNA	1930	28 November 2001 	
5	BUCHNYEV
ALEKSANDR YERMOLAYEVICH	1931	13 June 2002	
6	DOLZHENKO
RAISA MIKHAYLOVNA	1944	5 June 2001 	
7	GLADKOVA
NADEZHDA NIKIFOROVNA	1936	14 January 2002 	
8	GORDIYAK
BORIS PROKOVYEVICH	1937	11 December 2001	
9	GROSBERG
YULIAN KIRILLOVICH	1927	5 December 2001	
10	IZOSIN
VASILIY PETROVICH	1927	22 April 2002	
11	IZOSINA
ANTONINA PETROVNA	1926	11 April 2002	
12	KASYANOV
ALEKSANDR PAVLOVICH	1934	18 December 2002	
13	KHRYUKINA
NADEZHDA PETROVNA	1928	13 June 2002 	
14	KLETSOVA
NATALYA MIKHAYLOVNA	1936	26 June 2002	
15	KOCHUBEY
ANATOLIY SERGEYEVICH	1952	26 June 2002	
16	KOLPAK
VERA MIKHAYLOVNA	1941	7 November 2001	
17	KONOSHEVICH
VALERIY NIKOLAYEVICH	1946	31 May 2002	
18	KOROBKOV
VLADIMIR ANDREYEVICH	1937	14 January 2001	
19	LANTSOV
NIKOLAY MIKHAYLOVICH	1934	5 December 2002	
20	LEONARD
VLADIMIR GRIGORYEVICH	1935	7 November 2001	
21	LISHCHUK
NINA VASYLYEVNA	1953	10 June 2002	
22	LITOVSKAYA
KLAVDIYA YEFIMOVNA	1938	28 November 2001	
23	LITVINOVA
VASILISA SEMYONOVNA	1912	18 March 1998	
24	MASLOVA
LIDIYA SEMYONOVNA	1936	23 May 2002	
25	MUKHA
OLIMPIADA IVANOVNA	1936	28 November 2001	
26	MURAVYOVA
MARIYA GRIGORYEVNA	1929	21 November 2001	
27	NIKITINA
VERA LEONTYEVNA	1936	14 January 2002	
28	NORETS
GALINA FYODOROVNA	1927	24 April 2002	
29	PALAMARCHUK
VLADIMIR VASILYEVICH	1948	5 December 2001	
30	PANCHUGIN
VALENTIN GRIGORYEVICH	1941	5 December 2001	
31	POTERPEYEV
PYOTR IVANOVICH	unspecified 	21 November 2001	
32	SAVENKO
VLADIMIR SAVELYEVICH	1936	5 December 2002 	
33	SELIVESTROV
NIKOLAY PAVLOVICH	1946	22 April 2002 	
34	SERGEYEV
NIKOLAY LEONTYEVICH	1939	5 December 2001	
35	SHCHEDRINA
ANNA DMITRIYEVNA	1938	11 January 2002	
36	SHEKERA
NIKOLAY MARKOVICH	1935	19 July 2002	
37	SHEKERA
IVAN MARKOVICH	1937	12 June 2002	
38	SHILEPINA
NINA PAVLOVNA	1939	31 October 2001	
39	SOVRASOVA
RAISA ANDREYEVNA	1932	14 January 2002	
40	SUKHOV
NIKOLAY MIKHAYLOVICH	1960	17 June 2002	
41	SYSOYEVA
KSENYA GRIGORYEVNA	1924	21 June 2001	
42	TARASOV
FYODOR NIKITICH	unspecified 	25 September 2002	
43	TARASOVA
VALENTINA VLADIMIROVNA	unspecified 	12 March 1999	
44	TIKHONOV
VALERIY VIKTOROVICH	1963	14 May 2002	
45	TIKHONOVA
VALENTINA ILYINICHNA	1936	12 June 2002	
46	TOKAREV
LEONID ALEKSEYEVICH	1935	28 May 2002	
47	VITVITSKAYA
RAISA ALEKSANDROVNA	1928	29 January 2003	
48	VORONAYA
MATRYONA FYODOROVNA	1925	12 June 2002	
49	YESIPOVICH
ALEKSEY GRIGORYEVICH	1933	14 January 2002	
50	YEVDOKIMOV
ALEKSEY VASILYEVICH	1931	14 January 2002	
51	ZAKURDAYEVA
VALENTINA FYODOROVNA	1935	12 June 2002	
52	ZMIYEVSKAYA
YEFROSINIYA MIKHAYLOVNA	1922	31 May 2002 	
53	ZOLOTOVERKHOVA
VERA DMITRIYEVNA	1927	26 June 2002