The European Court of Human Rights (Fifth Section), sitting on 3 June 2014 as a Chamber composed of: Mark Villiger, President, Ann Power-Forde, Ganna Yudkivska, Vincent A. De Gaetano, André Potocki, Helena Jäderblom, Aleš Pejchal, judges, and Claudia Westerdiek, Section Registrar, Having regard to the above applications lodged on 22 September 2010, 3 December 2010 and 7 February 2011, respectively, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applications were lodged by three Ukrainian nationals, Mrs Ganna Kostyantynivna Kolesnyk (“the first applicant”), Mrs Larysa Oleksandrivna Navrotska (“the second applicant”) and Mrs Svetlana Vyacheslavovna Fil (“the third applicant”, collectively “the applicants”). The applicants were born in 1978,...
FIFTH SECTION DECISION Application no. 57116/10 Ganna Kostyantynivna KOLESNYK v. Ukraine and 2 other applications (see annex for other applications) The European Court of Human Rights (Fifth Section), sitting on 3 June 2014 as a Chamber composed of: Mark Villiger, President, Ann Power-Forde, Ganna Yudkivska, Vincent A. De Gaetano, André Potocki, Helena Jäderblom, Aleš Pejchal, judges, and Claudia Westerdiek, Section Registrar, Having regard to the above applications lodged on 22 September 2010, 3 December 2010 and 7 February 2011, respectively, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applications were lodged by three Ukrainian nationals, Mrs Ganna Kostyantynivna Kolesnyk (“the first applicant”), Mrs Larysa Oleksandrivna Navrotska (“the second applicant”) and Mrs Svetlana Vyacheslavovna Fil (“the third applicant”, collectively “the applicants”). The applicants were born in 1978, 1977 and 1982, respectively, and live in Simeyiz, Vinnytsya and Donetsk, Ukraine. 2. The applicants, who had been granted legal aid, were represented by Mr E. Leontyev, a lawyer practising in the town of Gorlivka, Ukraine. The Ukrainian Government (“the Government”) were represented by their
2 KOLESNYK v. UKRAINE AND OTHER APPLICATIONS DECISION Agent, most recently, Ms Nataly Sevostianova of the Ministry of Justice of Ukraine. A. The circumstances of the case 3. The facts of the case, as submitted by the parties, may be summarised as follows. 1. The first applicant 4. On 5 April 2007 the first applicant gave birth to a child. She took three years of maternity leave, ending on 5 April 2010. 5. On 10 July 2007 the first applicant applied to the relevant State authorities for a monthly allowance, to be paid to her in accordance with section 42 of the Law of Ukraine on Compulsory State Social Insurance in Case of Temporary Loss of Ability to Work and Childbirth and Funeral Expenses (Закон України “Про загальнообов’язкове державне соціальне страхування у зв’язку з тимчасовою втратою працездатності та витратами, зумовленими народженням та похованням” – hereafter “the Compulsory State Social Insurance Act” - see paragraph 30 below). The allowance was awarded to her with effect from 21 June 2007 (the first day after the end of the initial period of maternity leave). Between June and November 2007 the first applicant received the following amounts: 43.01 Ukrainian hryvnias (UAH) in June 2007; UAH 129.03 in July 2007; UAH 132.64 in August 2007; UAH 134.45 in September 2007; UAH 136.13 in October 2007; and UAH 140.05 in November 2007. Between December 2007 and April 2010 the first applicant was receiving UAH 144.10 (around 16-18 euros (EUR)) per month. 6. In 2007-2009 the laws which set the amount of the allowance in question were modified by the State Budget Acts. On 9 July 2007 and 22 May 2008 ...