FIFTH SECTION     CASE OF LAZARENKO v. UKRAINE (Application no. 26855/05)          JUDGMENT  STRASBOURG 19 November 2009 FINAL 19/02/2010 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.In the case of Lazarenko v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Peer Lorenzen, President, Renate Jaeger, Rait Maruste, Mark Villiger, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva, judges, Mykhaylo Buromenskiy, ad hoc judge,and Stephen Phillips, Deputy Section Registrar,Having deliberated in private on 20 October 2009,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application (no. 26855/05) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Viktor Tymofiyovych Lazarenko (“the applicant”), on 30 June 2005.2. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuri Zaytsev.3. On 15 October 2008 the Court decided to give notice of the application to the Government. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).THE FACTSTHE CIRCUMSTANCES OF THE CASE4. The applicant was born in 1953 and lives in Oleksandriya.5. On 28 May 2004 the Oleksandriya Court (Олександрійський міськрайонний суд Кіровоградської області) ordered the State-owned company Oleksandriyavugillya to pay the applicant 14,632.02 Ukrainian hryvnias (UAH)[1] in salary arrears and other payments. The judgment became final, but remains only partially enforced due to the debtor company's lack of funds, the outstanding debt being UAH 2,189.18[2].6. On an unspecified date liquidation proceedings were started against Oleksandriyavugillya and the applicant's writ of execution was transferred to the company's liquidation commission.THE LAWI. ALLEGED VIOLATION OF ARTICLES 6 § 1 AND 13 OF THE CONVENTION AND ARTICLE 1 OF PROTOCOL NO. 17. The applicant complained about the authorities' failure to execute, in due time, the judgment of 28 May 2004. He relied on Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1. The Court, master of the characteristic to be given in law to the facts of a case, finds that the applicant's complaint falls to be considered solely under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. These provisions read, in so far as relevant, as follows:Article 6 § 1“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing within a reasonable time by [a] ... tribunal ...”Article 1 of Protocol No.1“Every 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.The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”A. Admissibility8. The Government submitted that the applicant had not exhausted domestic remedies as he had not lodged a claim with the domestic courts to challenge the actions or inactivity of the bailiffs and the liquidation commission.9. The applicant disagreed.10. The Court considers that, in the light of its findings in similar cases, the Government's objection must be rejected (see Romashov v. Ukraine, no. 67534/01, §§ 28-33, 27 July 2004 and Shmalko v. Ukraine, no. 60750/00, §§ 35-40, 20 July 2004).11. The Court considers that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further considers that it is not inadmissible on any other grounds. It must therefore be declared admissible.B. Merits12. The Government reiterated that they had taken all measures provided for by the domestic legislation to enforce the judgment given in the applicant's favour and that the delay in enforcement was caused by the difficult financial situation of the debtor company.13. The applicant disagreed.14. The Court notes that the judgment of the Oleksandriya Court of 28 May 2004 remained unenforced for more than five years.15. The Court observes that it has frequently found violations of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 in cases raising similar issues to the present application (see Romashov v. Ukraine §§ 42-47 and Shmalko v. Ukraine §§ 47 and 57, cited above; Solovyev v. Ukraine, no. 4878/04, §§ 20-24, 14 December 2006; Sokur v. kraine, no. 29439/02, § 37, 26 April 2005 and Anatskiy v. Ukraine, no. 10558/03, § 23, 13 December 2005).16. Having examined all the material submitted to it, the Court considers that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. There has, accordingly, been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.II. APPLICATION OF ARTICLE 41 OF THE CONVENTION17.

Article of the Convention at issue: Article 1
Outcome: violation