CASE OF YAVORSKAYA v. UKRAINE
Violation of Art. 6-1;Violation of P1-1;Remainder inadmissible;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award
Peer Lorenzen
5. The applicant was born in 1941 and resides in the village of Grodovka, Donetsk region, Ukraine. 6. The applicant instituted proceedings in the Novogrodovskiy Town Court of the Donetsk Region against the Novogrodovskaya Mining Company No. 1/3 - a State-owned enterprise - to recover salary arrears and other payments due to her. 7. On 2 August 2001 the Novogrodovskiy Town Court found in favour of the applicant (Решение Новогродовского городского суда Донецкой области) and awarded her UAH 2,048.73. On 13 September 2001 the Novogrodovskiy Town Bailiffs’ Service (Отдел Государственной исполнительной службы Новогродовского городского управления юстиции) initiated the enforcement proceedings. 8. In November 2001, the applicant instituted proceedings in the Novogrodovskiy Town Court of the Donetsk Region against the Novogrodovskiy Town Bailiffs’ Service for failure to enforce the judgment in her favour. On 23 November 2001 the Town Court rejected the applicant’s claim, finding that no fault had been committed by the Bailiffs’ Service. The court stated that the Bailiffs’ Service had acted properly in trying to enforce the judgment of 2 August 2001. However, by a number of decisions of the Commercial Court of the Donetsk Region, the Bailiffs’ Service had been prohibited from selling the property of the Mining Company, due to the bankruptcy proceedings which had been initiated against the company. 9. On 11 February 2002 the Court of Appeal of the Donetsk Region upheld the judgment of the first instance court of 23 November 2001. The applicant appealed in cassation to the Supreme Court of Ukraine. The parties did not provide any further information about this set of proceedings. 10. In August 2004 the judgment in the applicant’s favour was enforced in full. 11. The relevant domestic law is summarised in the judgment of Sokur v. Ukraine (no. 29439/02, § 17-22, 26 April 2005).