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You are here: BAILII >> Databases >> European Court of Human Rights >> DEREVYANKO AND BELETSKIY v. UKRAINE - 35765/05 [2007] ECHR 803 (11 October 2007) URL: http://www.bailii.org/eu/cases/ECHR/2007/803.html Cite as: [2007] ECHR 803 |
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FIFTH SECTION
CASE OF DEREVYANKO AND BELETSKIY v. UKRAINE
(Applications nos. 35765/05 and 37847/05)
JUDGMENT
STRASBOURG
11 October 2007
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Derevyanko and Beletskiy v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Mr P. Lorenzen, President,
Mrs S.
Botoucharova,
Mr K. Jungwiert,
Mr V. Butkevych,
Mrs M.
Tsatsa-Nikolovska,
Mr R. Maruste,
Mr M. Villiger, judges,
and
Mrs C. Westerdiek, Section Registrar.
Having deliberated in private on 18 September 2007,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
6. On 1 March 2004 the Central District Court of Gorlivka (Центрально-міський суд м. Горлівка) awarded the first applicant UAH 45,678.801 in disability benefits from the Donetsk Regional Board of Mine Liquidation. On 1 June 2004 the court rectified the judgment by stating that the proper name of the debtor was the State Company “Donvuglerestrukturyzatsiya” (ДП „Донвуглереструктуризація”).
II. RELEVANT DOMESTIC LAW
9. The relevant domestic law is summarised in the judgment of Sokur v. Ukraine (no. 29439/02, § 17-22, 26 April 2005).
THE LAW
I. JOINDER OF THE APPLICATIONS
II. ADMISSIBILITY
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest ....”
III. MERITS
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“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.”
A. Damage
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the outstanding debt under the judgment of 23 August 2002 to Mr Leontiy Beletskiy and the following amounts in respect of non-pecuniary damage to the applicants:
- Mr Mikhail Derevyanko - EUR 1,300 (one thousand and three hundred euros);
- Mr Leontiy Beletskiy – EUR 2,100 (two thousand and one hundred euros)
plus any tax that may be chargeable;
(b) that the above amounts shall be converted into the national currency of the respondent State at the rate applicable at the date of settlement;
(c) 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 11 October 2007, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
Registrar President
1. EUR 5,136.74.
1. EUR 7,048.34.