(Application no. 72551/01)
21 December 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 Teliga 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,
Mrs R. Jaeger,
Mr M. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having deliberated in private on 27 November 2006,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
A. The proceedings as to annulment of the OM's property transaction.
1. Proceedings instituted by the prosecution service
2. Proceedings joined by the first applicant
B. The proceedings as to the enforcement of the judgments given against the OM in the first applicant's favour
II. RELEVANT DOMESTIC LAW
A. Constitution of Ukraine of 1996
“...The main principles of judicial proceedings are:
1) legality; ...
8) ensuring complaints against court decisions by way of appeal and cassation, except in cases finalised by law;
9) the mandatory nature of court decisions.
The law may also determine other principles of judicial procedure in courts of specific jurisdiction.”
B. The Law “on the Introduction of Changes to the Code of Civil Procedure” of 21 June 2001
74. The relevant provisions of the Law of 21 June 2001 read as follows:
“1. This Law shall enter into force on 29 June 2001 ...
3. Appeals in civil cases lodged before 29 June 2001 shall be considered in accordance with the procedure adopted for the examination of appeals against local court judgments.
4. Protests against judgments lodged before 29 June 2001 shall be sent to the Supreme Court of Ukraine for consideration in accordance with the cassation procedure.
5. Judgments that have been delivered and which have become enforceable before 29 June 2001 can be appealed against, within three months, in accordance with the cassation procedure [to the Supreme Court of Ukraine].”
I. PRELIMINARY CONSIDERATIONS
A. The fourth applicant
B. Scope of the case
“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...”
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
“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 or to secure the payment of taxes or other contributions or penalties.”
A. The complaints raised by the second and the third applicants
B. The complaints lodged by the first applicant
C. The Court's assessment
A. Alleged violation of Article 6 § 1 of the Convention
B. Alleged violation of Article 13 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.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the first applicant, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, EUR 1,700 (one thousand seven hundred euros) in respect of non-pecuniary damage, plus any tax that may be chargeable;
(b) the aforementioned sums shall be converted into the national currency of Ukraine, 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 amount 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 21 December 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1. About EUR 500,000.
2. About EUR 510,000.
1. About EUR 2,422,803.
1. About EUR 150.
2. EUR 197.16.
1. EUR 12,779.
2. EUR 9,584.
3. EUR 191.68.
4. EUR 82,754.