(Applications nos. 43090/04, 43096/04, 43101/04 and 43106/04)
30 November 2006
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 Goncharov and others 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 6 November 2006,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
II. RELEVANT DOMESTIC LAW
I. JOINDER OF THE APPLICATIONS
A. Complaints under Article 6 § 1 and Article 1 Protocol No. 1
Article 6 § 1
“In the determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. ...”
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 ....”
B. Complaint under Article 3 of the Convention
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, costs and expenses
- Mr Viktor Goncharov – UAH 23,906.23 (EUR 3,750);
- Ms Antonina Pontryagina – UAH 11,289.78 (EUR 1,770);
- Ms Valentina Ivanova – UAH 8,913.74 (EUR 1,400); and
- Mr Viktor Bulba – UAH 11,033.29 (EUR 1,730).
- Mr Viktor Goncharov – EUR 1,400 (one thousand four hundred euros);
- Ms Antonina Pontryagina – EUR 1,400 (one thousand four hundred euros);
- Ms Valentina Ivanova – EUR 1,400 (one thousand four hundred euros); and
- Mr Viktor Bulba – EUR 1,730 (one thousand seven hundred thirty euros).
B. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
2. Declares the complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention admissible and the complaints under Article 3 of the Convention inadmissible;
(a) that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention the following global sums in respect of just satisfaction:
- to Mr Viktor Goncharov, EUR 1,400 (one thousand four hundred euros);
- to Ms Antonina Pontryagina, EUR 1,400 (one thousand four hundred euros);
- to Ms Valentina Ivanova, EUR 1,400 (one thousand four hundred euros); and
- to Mr Viktor Bulba, EUR 1,730 (one thousand seven hundred thirty 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 30 November 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1. EUR 1,799.34.
2. EUR 380.23.
3. EUR 296.17.
4. EUR 83.10.
5. EUR 573.29.