(Application no. 1270/12 and 249 other applications) JUDGMENT STRASBOURG 18 July 2013 This judgment is final. It may be subject to editorial revision. MOSKALENKO AND OTHERS v. UKRAINE JUDGMENT 1 In the case of Moskalenko 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 25 June 2013, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in 250 applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Ukrainian nationals, whose details are specified in the appended tables (“the applicants”). 2. The applicant Mr...
FIFTH SECTION CASE OF MOSKALENKO AND OTHERS v. UKRAINE (Application no. 1270/12 and 249 other applications) JUDGMENT STRASBOURG 18 July 2013 This judgment is final. It may be subject to editorial revision.
MOSKALENKO AND OTHERS v. UKRAINE JUDGMENT 1 In the case of Moskalenko 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 25 June 2013, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in 250 applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Ukrainian nationals, whose details are specified in the appended tables (“the applicants”). 2. The applicant Mr Vasiliy Spiridonovich Grunskiy died (application no. 38547/12). His spouse, Ms Valentina Petrovna Grunskaya, manifested the wish to pursue the application on his behalf. 3. The applicant Mr Petro Andriyovych Plyaka died (application no. 38936/12). His spouse, Ms Valentyna Oleksandrivana Kuzmina, manifested the wish to pursue the application on his behalf. 4. By letters dated 22 March 2013, the Government informed the Court that the applicants Mr Viktor Mykolayovych Motuzkov (application no. 36824/12) and Ms Olga Mykhaylivna Moroz (application no. 41253/12) had died. Copies of the letters were forwarded to the deceased applicants’ addresses on 27 March and 10 April 2013 respectively, by registered post for comments to be submitted by 23 April and 10 May 2013. The readers were warned that in the absence of response, the Court would assume that the applicants had died and that no individuals were entitled and wished to pursue the applications. No replies were received. 5. The Government (“the Government”) are represented by their Agent, Mr Nazar Kulchytskyy. 6. On 11 December 2012 the applications above were communicated to the Government of Ukraine.
2 MOSKALENKO AND OTHERS v. UKRAINE JUDGMENT THE FACTS THE CIRCUMSTANCES OF THE CASE 4. On the dates set out in the appended tables domestic courts delivered decisions according to which the applicants were entitled to various pecuniary amounts or to have certain actions taken in their favour. The decisions became final and enforceable. However, the applicants were unable to obtain the enforcement of the decisions in due time. 5. Some of the applicants also made submissions concerning factual and legal matters unrelated to the above non-enforcement issues. THE LAW I. THE STANDING OF THE APPLICANTS IN APPLICATIONS Nos. 38547/12 AND 38936/12 6. The Court considers that in applications listed in paragraphs 2 and 3 (see above) the next-of-kin of the deceased applicants have standing to continue the proceedings in their stead (see, among other aut...