31 May 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 Lizanets v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Mr P. Lorenzen, President,
Mrs S. Botoucharova,
Mr V. Butkevych,
Mrs M. Tsatsa-Nikolovska,
Mr R. Maruste,
Mr J. Borrego Borrego,
Mrs R. Jaeger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having deliberated in private on 9 May 2007,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
1. Proceedings concerning compensation for unlawful prosecution
“With respect to the remainder of the claims [the court notes that] the claimant has failed ...to provide any corroborating evidence; nor did he submit to the court any calculation of the amount of compensation for moral damage.
No reliable link could be seen between the claimant's nervous breakdown and his criminal prosecution and arrest.”
The applicant appealed.
2. Enforcement proceedings
II. RELEVANT DOMESTIC LAW AND PRACTICE
1. Domestic law related to execution of the court judgments
2. Domestic law related to the reopening of the proceedings
a. Code of Civil Procedure, 1963
b. Decision of the Constitutional Court of Ukraine of 3 October 2001
“ 5... Therefore, Article 25 of Law of Ukraine “On the State Budget of Ukraine for the Year 2001” ... de facto introduces civil and not public responsibility of ..., the prosecutor's offices, ... for the material and moral damage caused to the citizens by unlawful actions of these bodies. Concurrently, the Constitution of Ukraine guaranties the right of the citizens for the compensation by the State and not from the funds allocated for the maintenance of these bodies (Article 56, 62).
the Constitutional Court has decided:
1. To consider as contrary to the Constitution of Ukraine (unconstitutional) provisions of Article 25 of Law of Ukraine “On the State Budget of Ukraine for the Year 2001” ... according to which the compensation for damage inflicted to the citizens by unlawful actions of ..., the prosecutor's offices, ... is to be provided from the funds allocated for the maintenance of the courts, the General Prosecutor's Office, the Security Service of Ukraine, and the Ministry of Interior.
2. Provisions of Article 25 of Law of Ukraine “On the State Budget of Ukraine for the Year 2001” ... are considered unconstitutional, and void from the day this decision is made by the Constitutional Court of Ukraine.”
c. Law of 21 June 2001 on the Introduction of Changes to the Code of Civil Procedure Civil Procedure
Persons having the right to lodge a cassation appeal
“Parties and other persons who participate in court proceedings, and the prosecutor and other persons who have not participated in the proceedings in which the court has decided on their rights and obligations, may lodge a cassation appeal against judgments and rulings adopted by the court of first instance, only in relation to a violation of the substantive or procedural law and rulings and judgments of an appeal court.
The basis for such an appeal is the incorrect application of the norms of substantive law or infringement of the norms of procedural law.”
The deadlines for lodging an application for annulment
“The deadline for lodging an application by the prosecutor is three months from the date of delivery of the ruling or judgment of the Court of Appeal, or one year from the date of delivery of the ruling or judgment of the court of first instance, if these rulings or decisions have not been appealed against.”
Chapter II. Transitional Provisions
“1. This Law shall enter into force as from 29 June 2001.
2. Laws and other normative acts adopted before this Law entered into force are effective in so far as their provisions do not conflict with the Constitution of Ukraine and this Law.
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 courts' decisions.
4. Protests against judicial decisions lodged before 29 June 2001 shall be sent to the Supreme Court of Ukraine for consideration in accordance with the procedure for consideration of cassation appeals (касаційних скарг).
5. Decisions that have been adopted and have entered into force before 29 June 2001 can be appealed against within three months in accordance with the procedure for consideration of cassation appeals (to the Supreme Court of Ukraine).”
I. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing within a reasonable time by [a] ... tribunal...”
A. Legal certainty
B. Non-execution of court judgments
C. Length of the proceedings
II. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
III. 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 applicant, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, the following sums, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 11,380 (eleven thousand three hundred and eighty euros) and the judgment debt of 12 June 2002 still owed to him in respect of pecuniary damage,
(ii) EUR 3,000 (three thousand euros) in respect of non-pecuniary damage;
(iii) plus any tax that may be chargeable on these amounts;
(b) 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 31 May 2007, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
1. Approximately 9,600 euros (EUR)
2. Approximately EUR 13,000
1. Approximately 1,620 EUR