Решение Европейского Суда от 15.07.2010г., Ющенко и другие против Украины",73990/01, 7364/02, 15185/
YUSHCHENKO AND OTHERS v. UKRAINE JUDGMENT
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In the case of Yushchenko and Others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President,
Renate Jaeger,
Karel Jungwiert,
Mark Villiger,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva,
Ganna Yudkivska, judges?
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 22 June 2010,
PROCEDURE
1. The case originated in four applications (nos. 73990/01, 7364/02, 15185/02 and 11117/05) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by three Ukrainian nationals, Mr Vladimir Mikhaylovich Yushchenko ("the first applicant"), Mr Vladimir Vladimirovich Yushchenko ("the second applicant") and Mr Pavel Vladimirovich Yushchenko ("the third applicant") and a private transport enterprise, YUVM-Avtoservis (77/7 «K>BM-Aemocepeic») ("the applicant company"). Application no. 73990/01 was lodged on 28 September 2000 by all applicants. Application no. 7364/02 was lodged on 10 May 2001 by the third applicant. Application no. 15185/02 was lodged on 4 April 2002 by the first applicant and application no. 11117/05 was lodged on 13 March 2005 by the second applicant.
2. The Ukrainian
Government ("the Government") were represented by their Agent, Mr Y.
Zaytsev, of the Ministry of Justice of
3. On 27 March 2007 the Court declared the applications
partly inadmissible and decided to
communicate to the Government the complaints of the first applicant
under Article 6 § 1 of the Convention, that the civil claim against him had
been allowed although there was already a final decision on this claim; that
the length of proceedings in the fraud and libel criminal cases against him had
been excessive; his claim for compensation for damage caused by the search of
his apartment in May
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YUSHCHENKO AND OTHERS v. UKRAINE JUDGMENT
violated and that the proceedings in a criminal case against him had been excessively long. It also decided to join the applications (Rule 42 § 1 of the Rules of Court) and to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
4. The individual
applicants were born in 1934, 1967 and 1976
respectively and live in Yevpatoriya, Ukraine.
А. Civil proceedings on the return of a photocopier,
nos. 2-428/1999 Yevpatoriya
5. In August
6. On 6 November 1998
the court found for L. and ordered the first applicant to return the
photocopier and related materials to L. or to pay him 6,446.92 Ukrainian hryvnias (UAH) in pecuniary damages. In the text of
the judgment the court also mentioned that the first applicant was to
pay UAH
7. On 4 January 1999 the Supreme Court of the Autonomous Republic of Crimea ("the ARC") quashed the judgment of 6 November 1998 and remitted the case for fresh consideration. The court however upheld the decision of 6 November 1998 concerning the interim measures.
8. On 18 February 1999
the