CASE OF POPOV v. UKRAINE
Violation of Art. 6-1;Violation of P1-1;Not necessary to examine Art. 4;Pecuniary damage - financial award;Non-pecuniary damage - financial award
Peer Lorenzen
4. The applicant was born in 1946 and resides in the town of Zhovti Vody, Dnipropetrovsk region, Ukraine. 5. On an unspecified date the applicant instituted proceedings in the Zhovtovodskyy Town Court of Dnipropetrovsk Region against his employer, a State-owned company, the Zhovti Vody Construction Department (Жовтоводське управління будівництва), in order to receive salary arrears and other payments. 6. On 21 December 2000 the court found for the applicant and awarded him 5,329.30 Ukrainian hryvnias (“UAH”) (Рішення Жовтоводського міського суду). 7. On 19 January 2001 the Zhovti Vody Town Bailiffs' Service (Відділ Державної виконавчої служби Жовтоводського міського управління юстиції) initiated the enforcement proceedings. 8. On an unspecified date the applicant instituted new proceedings in the same court against the same enterprise for further payments and compensation. 9. On 20 February 2002 the court found for the applicant and awarded him UAH 2,093.49. 10. The applicant received UAH 650, but, according to him, the rest of the awards remain unpaid. 11. By letter of 4 April 2003, the Bailiffs' Service informed the applicant that the enforcement proceedings had been stayed because of the bankruptcy proceedings initiated against the debtor by a decision of 27 December 2001 of the Commercial Court of the Dnipropetrovsk Region. The Bailiffs' Service also stated that, according to the Law on the Introduction of a Moratorium on the Forced Sale of Property, on 26 December 2001 a ban on the forced sale of assets belonging to undertakings in which the State holds at least 25% of the share capital had been introduced. 12. By the decree of 5 October 2004 the Ministry of Fuel and Energy of Ukraine liquidated the debtor company. 13. The relevant domestic law is summarised in the judgment of Romashov v. Ukraine (no. 67534/01, §§ 16-18, 27 July 2004).