FIFTH SECTION
\nCASE OF OSOVSKA AND OTHERS v. UKRAINE
\n(Applications nos. 2075\/13 and 4 others \u2013 see appended list)<\/p>\n
JUDGMENT
\nThis version was rectified on 4 September 2018
\nunder Rule 81 of the Rules of Court.
\nSTRASBOURG
\n28 June 2018<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Osovska and Others v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n Erik M\u00f8se, President, Having deliberated in private on 5 June 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in five applications (nos.\u00a02075\/13, 19306\/13, 28131\/13, 21478\/14 and 56107\/14) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by five Ukrainian nationals (\u201cthe applicants\u201d), whose personal details and the dates on which they introduced their applications are set out in Appendix I.<\/p>\n 2.\u00a0\u00a0The Ukrainian Government (\u201cthe Government\u201d) were represented by their Agent, most recently Mr I. Lishchyna from the Ministry of Justice.<\/p>\n 3.\u00a0\u00a0The applicants alleged that by renewing the procedural time-limit for ordinary appeal without a proper justification and quashing the final judgments in their cases the domestic courts infringed the principle of legal certainty.<\/p>\n 4.\u00a0\u00a0On 7 December 2016 the above complaint was communicated to the Government.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0On the dates specified in Appendix I the applicants obtained judgments of the first-instance courts which ordered recalculation of their pensions at a higher rate. In some cases the State Bailiff\u2019s Service commenced execution of the judgments.<\/p>\n 6.\u00a0\u00a0The defendant pension authorities lodged their appeals outside the statutory limitation period and requested, without providing good reasons (see paragraphs9-12and 29-31below), that the time-limit for lodging an appeal be renewed. The administrative courts of appeal renewed the time\u2011limit (in some applications after a considerable lapse of time), quashed the judgments of the first-instance courts and rejected the applicants\u2019 claims or discontinued the proceedings.<\/p>\n 7.\u00a0\u00a0Other information relevant to the applicants\u2019 cases is contained in Appendix I.<\/p>\n II.\u00a0\u00a0RELEVANT DOMESTIC LAW<\/p>\n Code of Administrative Justice of 6 July 2005<\/p>\n 8.\u00a0\u00a0The relevant extracts of the Code of Administrative Justice in force at the material time provided the following.<\/p>\n 9.\u00a0\u00a0Paragraph 6 of Article 108 provides that if the claim had been returned to the claimant, he or she is not precluded from lodging that claim repeatedly in accordance with the procedure established by law.<\/p>\n 10.\u00a0\u00a0Article 183-2 of the Code provides, inter alia, that claims concerning social payments can be considered by summary procedure without summoning the parties. The day after the adoption of a judgment by a first-instance court, copies thereof must be sent to the parties by registered mail. The judgment may be appealed against before a court of appeal. The decision of the court of appeal shall be final.<\/p>\n 11.\u00a0\u00a0Article 189 provided that the rules envisaged by Article 108 should also apply to an appeal which did not comply with the procedural requirements.<\/p>\n 12.\u00a0\u00a0The revised paragraph 4 of Article 189 with effect from 15 January 2012 envisages that examination of an appeal shall be deferred if it was lodged outside the [10-day] time-limit established by Article 186 and the appellant had not requested the renewal of that time-limit or advanced reasons which had been found inadequate. It allows a thirty-day time-limit running from the date of receipt of the above decision when a request for renewal of the time-limit can be lodged or other reasons can be indicated in the request. A judge rapporteur is to refuse a leave to appeal if no request to renew the time-limit had been lodged or the reasons had been found inadequate. Regardless of the reasons for not complying with the procedural time-limit, a court is to refuse a leave to appeal if a State body or a public authority lodged an appeal more than one year after the challenged decision had been pronounced.<\/p>\n 13.\u00a0\u00a0Article 191 of the Code provides that parties other than the appellant have the right to reply to an appeal within the time-limit set by a judge of an administrative court of appeal in the ruling opening the appeal proceedings.<\/p>\n 14.\u00a0\u00a0Other provisions of relevant domestic law are set out in Ustimenko v.\u00a0Ukraine (no. 32053\/13, \u00a7\u00a7 27-35, 29 October 2015).<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0JOINDER OF THE APPLICATIONS<\/p>\n 15.\u00a0\u00a0Having regard to the similarity of the applications, the Court decides that, in the interests of the proper administration of justice, the applications should be joined in accordance with Rule 42 \u00a7 1 of the Rules of Court.<\/p>\n II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL No. 1<\/p>\n 16.\u00a0\u00a0Relying on Article 6 of the Convention, the applicants complained that the renewal of the time-limit for ordinary appeals and the quashing of final judgments in their cases had violated the principle of legal certainty. Ms\u00a0G.\u00a0Tardanska (application no. 28131\/13) also complained that the court of appeal judgment in her case had had the effect of infringing her right to the peaceful enjoyment of possessions as ensured by Article 1 of Protocol\u00a0No. 1.<\/p>\n 17.\u00a0\u00a0The relevant parts of Article 6 \u00a7 1 of the Convention and Article 1 of Protocol No. 1 provide as follows:<\/p>\n Article 6 (right to a fair hearing)<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a fair … hearing … by [a] … tribunal …\u201d<\/p>\n Article 1 of Protocol No. 1<\/p>\n \u201cEvery 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…\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n 18.\u00a0\u00a0The Government argued that in applications by Ms T. Storozhenko (application no. 21478\/14) and Ms V. Kashuk (application no.\u00a056107\/14) the applicants failed to make use of their right to reply to an appeal lodged by the defendant authorities (see paragraph 13 above for relevant domestic law) and to plead that the respective appeals had been lodged out of time.<\/p>\n 19.\u00a0\u00a0The applicants made no comments on the above objection.<\/p>\n 2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n 20.\u00a0\u00a0The Court observes that Ms T. Storozhenko (application no.\u00a021478\/14) had appealed on points of law to the Higher Administrative Court of Ukraine pleading breach of the principle of legal certainty by the unjustified renewal of the time-limit by the court of appeal. Nonetheless, the Higher Administrative Court of Ukraine refused a leave to appeal on points of law on the ground that the applicanthas not demonstrated the existence of arguable grounds which would have justified review of her case. It follows that the higher court has proved to provide no redress in respect of this complaint in the applicant\u2019s case. The Court finds therefore no need to examine whether the applicant raised the same complaints before the court of appeal.<\/p>\n 21.\u00a0\u00a0As to application by Ms V. Kashuk (no.\u00a056107\/14), it was the procedural decision of 27 May 2014 to grant leave to appeal by which the proceedings were reopened and which entailed the alleged violation of Article 6 \u00a7 1 of the Convention (see, mutatis mutandis, The Mrevli Foundation v. Georgia (dec.), 25491\/04, 5 May 2009). That decision was not susceptible to appeal on points of law. The Court notes that the provision of domestic law referred to by the Government concerns the procedural right vis-a-vis the other party, namely the right to comment on an appeal. The wording of that provision does not suggest that the applicant was entitled to lodge comments on, or objections to, the court decision which was, moreover, not amenable to appeal on points of law as noted above. Furthermore, the Government have not provided any example of domestic jurisprudence in which a plea of unjustified extension of the time-limit for lodging an ordinary appeal had been successfully relied on in a situation comparable to that of the applicant. The Court therefore rejects the Government\u2019s preliminary objection on the ground of non-exhaustion.<\/p>\n 22.\u00a0\u00a0The Court notes that the above-mentioned complaints made by the applicants are not manifestly ill\u2011founded within the meaning of Article\u00a035 \u00a7\u00a03 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 23.\u00a0\u00a0The applicants maintained their complaints.<\/p>\n 24.\u00a0\u00a0The Government argued that the domestic courts when opening the appeal proceedings acted in line with the domestic legislation. They relied, in particular, on paragraph 6 of Article 108 of the Code of Administrative Justice which taken in combination with Article 189 did not prevent an appellant from lodging an appeal repeatedly (see paragraphs 9 and 11 above). They further submitted that the courts of appeal intended to correct judicial errors and miscarriages of justice made by the courts of lower instance in the present group of cases.<\/p>\n 1.\u00a0\u00a0Article 6 \u00a7\u00a01 of the Convention<\/em><\/p>\n 25.\u00a0\u00a0The Court notes that in the applicants\u2019 cases the judgments of the first-instance courts confirming the applicants\u2019 entitlement to increased pensions had become final and enforceable and, in some cases, the enforcement proceedings had commenced. Those judgments were overturned on appeal, in certain cases after significant lapse of time, with the result that the applicants\u2019 pensions have been reduced.<\/p>\n 26.\u00a0\u00a0The Court reiterates that the right to a fair hearing before a tribunal as guaranteed by Article 6 \u00a7 1 of the Convention must be interpreted in the light of the Preamble to the Convention, which, in its relevant part, declares the rule of law to be part of the common heritage of the Contracting States. One of the fundamental aspects of the rule of law is the principle of legal certainty (see Brum\u0103rescu v. Romania [GC], no. 28342\/95, \u00a7 61, ECHR\u00a01999\u2011VII). Legal certainty presupposes respect for the principle of res judicata that is the principle of the finality of judgments. This principle underlines that no party is entitled to seek a review of a final and binding judgment merely for the purpose of obtaining a rehearing and a fresh determination of the case. Higher courts\u2019 power of review should be exercised to correct judicial errors and miscarriages of justice, but not to carry out a fresh examination. The review should not be treated as an appeal in disguise, and the mere possibility of there being two views on the subject is not a ground for re-examination. A departure from that principle is justified only when made necessary by circumstances of a substantial and compelling character (see Ryabykh v. Russia,no. 52854\/99, \u00a7\u00a052, ECHR\u00a02003\u2011IX).<\/p>\n 27.\u00a0\u00a0The Court has previously accepted that although it is primarily within the domestic courts\u2019 discretion to decide on any extension of the time-limit for appeal, such discretion is not unlimited. The domestic courts are required to indicate the reasons. In every case, the courts should verify whether the reasons for extending a time-limit for appeal can justify the interference with the principle of res judicata, especially when the domestic legislation does not limit the courts\u2019 discretion as to either the time or the grounds for extending the time-limits (see Ponomaryov v. Ukraine, no.\u00a03236\/03, \u00a7 41, 3 April 2008 and Ustimenko v. Ukraine, no.\u00a032053\/13, \u00a7\u00a047, 29 October 2015).<\/p>\n 28.\u00a0\u00a0Turning to the present applications, the Court notes that the domestic courts had either referred to \u201cvalid reasons\u201d (application no. 2075\/13) to justify the extension of the time-limit without any explanation or assessment of those reasons, or had confined themselves to the finding that the appeals had been lodged in compliance with the procedural formalities without advancing any reasons whatsoever.<\/p>\n 29.\u00a0\u00a0The reason, if any, relied on by the defendant pension authorities in their requests for renewal of the time-limit was, in most applications, a late service of a first-instance court judgment. The case files, however, contained no proof (such as cover letters, postal records etc.) confirming those allegations, which is particularly striking for cases in which an appeal had been lodged with a considerable delay (more than 3 years in the application of Ms V. Kashuk (no. 56107\/14), 2 years and 5 months in the application of Ms T. Storozhenko (no. 21478\/14). Nor is there any indication that such proof had been submitted before the domestic courts.<\/p>\n 30.\u00a0\u00a0Moreover, in application by Ms G. Tardanska (no. 28131\/13)the enforcement of the judgment had commenced and the defendant authorities had complied with the respective order to recalculate pension, which suggests that they were aware that the proceedings in the case had ended with a decision which became final.<\/p>\n 31.\u00a0\u00a0Lastly, the Court cannot overlook that in some applications \u2013 the applications of Ms T. Osovska (no.\u00a02075\/13) and Ms G. Tardanska (no.\u00a028131\/13) \u2013 the appeals had been lodged repeatedly after the first appeal had been returned to the defendant authority as no convincing reasons for renewal of the time-limit had been established.<\/p>\n 32.\u00a0\u00a0Having regard to the above, the Court finds that the domestic courts have provided no reasons which would have demonstrated that there had been circumstances of a substantial and compelling character which would have justified a re-opening of the applicants\u2019 cases (see Ryabykh, cited above, \u00a7 52).<\/p>\n 33.\u00a0\u00a0There has accordingly been a violation of Article 6 \u00a7 1 of the Convention.<\/p>\n 2.\u00a0\u00a0Article 1 of Protocol No. 1<\/em><\/p>\n 34.\u00a0 Ms\u00a0G.\u00a0Tardanska (28131\/13) complained relying on Article 1 of Protocol No. 1 that the court of appeal judgment in her case had had the effect of infringing her right to the peaceful enjoyment of possessions.<\/p>\n 35.\u00a0\u00a0The Government acknowledged that the sum awarded under the first-instance court judgment in the applicant\u2019s case constituted a \u201cpossession\u201d, but argued that it ceased to exist from the moment when that judgment was quashed on appeal.<\/p>\n 36.\u00a0\u00a0The Court reiterates that a debt arising under a judgment which is sufficiently established to be enforceable constitutes a \u201cpossession\u201d for the purposes of Article 1 of Protocol No. 1 (see, among other authorities, Stran Greek Refineries and Stratis Andreadis v. Greece, 9 December 1994, \u00a7\u00a059, Series A no. 301\u2011B). Quashing such a judgment after it had become final will constitute an interference with the beneficiary\u2019s right to the peaceful enjoyment of that possession (see Brum\u0103rescu, cited above, \u00a7\u00a074 and Ryabykh,cited above, \u00a7 61).<\/p>\n 37.\u00a0\u00a0The Court notes that as a result of the reopening of the proceedings the applicant\u2019s monthly pension was established at a lower rate. Having regard to its findings relating to the complaint made under Article 6 \u00a7\u00a01 of the Convention, the Court considers that quashing of the final judgment in a manner which had been incompatible with the principle of legal certainty has frustrated the applicant\u2019s reliance on a binding judicial decision and has placed an excessive burden on her (see Ponomaryov, cited above, \u00a7\u00a7\u00a046-47).<\/p>\n 38.\u00a0\u00a0There has therefore been a violation of Article 1 of Protocol No.\u00a01.<\/p>\n III.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 39.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n A.\u00a0\u00a0Damage<\/strong><\/p>\n 1.\u00a0\u00a0Pecuniary damage<\/em><\/p>\n 40.\u00a0\u00a0Ms T. Storozhenko (application no. 21478\/14) claimed 3000 euros (EUR) in respect of pecuniary and non-pecuniary damage without specifying the amounts claimed under each head.Her calculation of the compensation claimed is based on the difference in the pension amounts which she would have continued to receive had the judgment not been quashed and the pension she actually received after the quashing.<\/p>\n 41.\u00a0\u00a0With regard to award in respect of pecuniary damage in the cases that concernedquashing of the final judgments, the Court has previously made a distinction between the cases in which the judgments in the applicants\u2019 favour had been executed before quashing and those in which the domestic awards had remained unenforced. No award in respect of pecuniary damage was made to those applicants who had obtained execution of the judgments awarding them certain monthly benefits before those judgments were quashed (see Streltsov and other \u201cNovocherkassk military pensioners\u201d cases v. Russia, nos. 8549\/06 and 86\u00a0others, \u00a7\u00a085, 29\u00a0July 2010 and Pugach and Others v. Russia, nos.\u00a031799\/08 and 7 others, \u00a7\u00a7\u00a037-38, 4\u00a0November 2010). The Court notes that in application no.\u00a021478\/14 the judgment in the applicant\u2019s favour had been executed until it was quashed on appeal. The Court has also held that it cannot restore the power of the domestic judgments nor assume the role of the national authorities in awarding social benefits for the future (see Pugach, cited above, \u00a7 37). Following the approach taken in the Streltsov and Pugach cases cited above, the Court dismisses the claims for pecuniary damage made by Ms T. Storozhenko (no. 21478\/14).<\/p>\n 42.\u00a0\u00a0The other applicants submitted no claims for pecuniary damage. Accordingly, the Court makes no award under this head in the present case.<\/p>\n 2.\u00a0\u00a0Non-pecuniary damage<\/em><\/p>\n 43.\u00a0\u00a0Most applicants claimed various amounts in respect of non-pecuniary damage. The Government argued that these claims were unfounded. The Court considers that the applicants must have sustained non-pecuniary damage which the finding of violation of the Convention does not suffice to remedy. Ruling on an equitable basis, the Court awards EUR 500 in respect of non-pecuniary damage to those applicants who submitted claims under this head as specified in Appendix II.<\/p>\n B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n 44.\u00a0\u00a0Some of the applicants also claimed reimbursement of the costs and expenses incurred in the proceedings before the domestic courts and\/or the Court.<\/p>\n 45.\u00a0\u00a0The Government contended that the amounts claimed had been excessive and unsubstantiated.<\/p>\n 46.\u00a0\u00a0The Court reiterates that according to its case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. Regard being had to the documents in its possession and the above criteria, the Court finds it reasonable to award Ms\u00a0T. Storozhenko (application no. 21478\/14) EUR 40 in respect of the postal expenses incurred in the domestic proceedings and proceedings before the Court.<\/p>\n C.\u00a0\u00a0Default interest<\/strong><\/p>\n 47.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1.\u00a0\u00a0Decides to join the applications;<\/p>\n 2.\u00a0\u00a0Declares the complaints concerning reopening of the proceedings and quashing of the judgments which became final and enforceable admissible;<\/p>\n 3.\u00a0\u00a0Holdsthat there has been a violation of Article 6 \u00a7 1 of the Convention with respect to all the applicants as regards infringement of the principle of legal certainty;<\/p>\n 4.\u00a0\u00a0Holdsthat there has been a violation of Article 1 of Protocol No. 1 with respect to the applicant in application no. 28131\/13;<\/p>\n 5.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay the applicants, within three months, the amounts indicated in Appendix II, plus any tax that may be chargeable to them, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (b)\u00a0\u00a0that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on those amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 6.\u00a0\u00a0Dismissesthe remainder of the applicants\u2019 claims for just satisfaction.<\/p>\n Done in English, and notified in writing on 28 June 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Milan Bla\u0161ko\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Erik M\u00f8se ________________<\/p>\n APPENDIX I<\/strong><\/p>\n no.<\/strong><\/td>\n date of birth<\/strong><\/p>\n place of residence<\/strong><\/td>\n 21\/01\/1952<\/p>\n Garkushyntsy<\/td>\n 11\/05\/1951<\/p>\n Mariupol<\/td>\n 13\/10\/1954<\/p>\n Zhytomyr<\/td>\n 10\/07\/1948<\/p>\n Svitlovodsk<\/td>\n 27\/04\/1957<\/p>\n Konotop<\/td>\n <\/p>\n APPENDIX II<\/strong>\u00a0<\/strong><\/p>\n Tetyana Yevgenivna OSOVSKA<\/strong><\/td>\n Natalya Nikolayevna LITVINENKO<\/strong><\/td>\n Galyna Oleksiyivna TARDANSKA<\/strong><\/td>\n Tamara Oleksiyivna STOROZHENKO<\/strong><\/td>\n Valentyna Vasylivna KASHUK<\/strong><\/td>\n [1].\u00a0\u00a0Rectified on 4 September 2018: the date was \u201c28\/11\/2012\u201d.<\/p>\n
\nS\u00edofra O\u2019Leary,
\nL\u04d9tif H\u00fcseynov, judges
\nand Milan Bla\u0161ko, Deputy Section Registrar,<\/p>\n
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n\n\n
\n
\n<\/strong>No.<\/strong><\/td>\nApplication<\/strong><\/p>\n Lodged on<\/strong><\/td>\n Applicant name<\/strong><\/p>\n First-instance court and date of judgment<\/strong><\/td>\n Date of the appeal<\/strong><\/td>\n Court of appeal and date of decision<\/strong><\/td>\n Date of a higher specialised court ruling on appeal on points of law, if applicable<\/strong><\/td>\n<\/tr>\n \n 1.\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 2075\/13<\/td>\n 19\/12\/2012<\/td>\n Tetyana Yevgenivna OSOVSKA<\/strong><\/p>\n Zhovtnevyy District Court of Mariupol, 06\/06\/2011<\/td>\n 31\/10\/2011<\/td>\n Donetsk Administrative Court of Appeal, 06\/12\/2012<\/td>\n No right to appeal.<\/td>\n<\/tr>\n \n 2.\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 19306\/13<\/td>\n 12\/02\/2013<\/td>\n Natalya Nikolayevna LITVINENKO<\/strong><\/p>\n Zhovtnevyy District Court of Mariupol, 29\/09\/2010<\/td>\n 24\/11\/2010<\/td>\n Donetsk Regional Court of Appeal, 26\/10\/2011<\/td>\n 29\/10\/2012<\/td>\n<\/tr>\n \n 3.\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 28131\/13<\/td>\n 28\/03\/2013<\/td>\n Galyna Oleksiyivna TARDANSKA<\/strong><\/p>\n Korolyovskyy District Court of Zhytomyr, 26\/09\/2011<\/td>\n 21\/11\/2012<\/td>\n Zhytomyr Administrative Court of Appeal, 22\/01\/2013<\/td>\n No right to appeal.<\/td>\n<\/tr>\n \n 4.\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 21478\/14<\/td>\n 04\/03\/2014<\/td>\n Tamara Oleksiyivna STOROZHENKO<\/strong><\/p>\n Svitlovodsk Local Court of Kirovograd Region, 24\/06\/2010<\/td>\n 06\/11\/2012[1]<\/td>\n Dnipropetrovsk Administrative Court of Appeal, 13\/11\/2013<\/td>\n 30\/01\/2014<\/td>\n<\/tr>\n \n 5.\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 56107\/14<\/td>\n 10\/11\/2014<\/td>\n Valentyna Vasylivna KASHUK<\/strong><\/p>\n Konotop Local Court of Sumy Region, 06\/04\/2011<\/td>\n 08\/05\/2014<\/td>\n Kharkiv Administrative Court of Appeal, 18\/06\/2014<\/td>\n No right to appeal.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n
\n
\n<\/strong>No.<\/strong><\/td>\nApplication no. and the applicant\u2019s name<\/strong><\/td>\n Award in respect of non-pecuniary damage<\/strong><\/td>\n Award in respect of costs and expenses<\/strong><\/td>\n<\/tr>\n \n Sum claimed<\/strong><\/td>\n Court\u2019s award<\/strong><\/td>\n Sum claimed<\/strong><\/td>\n Court\u2019s award<\/strong><\/td>\n<\/tr>\n \n 1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 2075\/13<\/strong><\/p>\n 1000<\/td>\n 500<\/td>\n No claim<\/td>\n 0<\/td>\n<\/tr>\n \n 2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 19306\/13<\/strong><\/p>\n 600<\/td>\n 500<\/td>\n 230<\/td>\n 0<\/td>\n<\/tr>\n \n 3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 28131\/13<\/strong><\/p>\n No claim<\/td>\n 0<\/td>\n No claim<\/td>\n 0<\/td>\n<\/tr>\n \n 4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 21478\/14<\/strong><\/p>\n 3000<\/td>\n 500<\/td>\n 150<\/td>\n 40<\/td>\n<\/tr>\n \n 5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n 56107\/14<\/strong><\/p>\n No claim<\/td>\n 0<\/td>\n No claim<\/td>\n 0<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n