5.  The applicant association was registered in 1990 and is located in the town of Kakhovka, Kherson region. 6.  In 1990 the applicant association entered into a contract with the Construction Department of the Kherson Regional State Administration (“the Department”; Управління капітального будівництва Херсонської обласної державної адміністрації), according to which the latter undertook to construct a block of flats for the applicant association’s members. 7.  In January 2002 the applicant association instituted proceedings in the Commercial Court of the Kherson Region against the Department, seeking compensation for defaulting on the construction project. 8.  On 5 April 2002 the court found in part for the applicant association and ordered the Department to pay it 144,066.74 Ukrainian hryvnyas (UAH) in compensation. On 27 March 2003 the Commercial Court of Appeal of the Odessa Region quashed the decision of the first-instance court and adopted a new decision, ordering the Department to pay the applicant association UAH 2,227,269.40 in compensation. 9.  On 20 June 2003 the Higher Commercial Court of Ukraine rejected the Department’s request for leave to appeal in cassation for failure to comply with procedural requirements. 10.  On 15 July 2003 the Commercial Court of the Kherson Region issued a writ of execution for the decision of the Commercial Court of Appeal of the Odessa Region of 27 March 2003. 11.  On 11 August 2003 the Suvorovskiy District Bailiffs’ Service of Kherson instituted enforcement proceedings. 12.  By decisions of 22 September and 22 December 2003, the Higher Commercial Court of Ukraine rejected the Department’s request for leave to appeal in cassation for being lodged out of time. 13.  The decision of 27 March 2003 remains unenforced to the present date with reference to the debtor’s lack of funds and realisable assets.