KLYMENKO AND OTHERS v. UKRAINE
Doc ref: 24759/08;31383/08;2657/11;10811/13;76672/13;54187/14;1915/15;51649/15 • ECHR ID: 001-171515
Document date: January 26, 2017
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FIFTH SECTION
DECISION
Application no. 24759/08 Inna Volodymyrivna KLYMENKO and others against Ukraine and 7 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 26 January 2017 as a Committee composed of:
Erik Møse, President, Yonko Grozev, Mārtiņš Mits, judges,
and Karen Reid, Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by some of the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and the relevant details of the application s are set out in the appended table.
The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) . Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
A. Joinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
B. Complaints under Articles 6 § 1 and 13 of the Convention ( excessive length of civil proceedings and lack of any effective remedy in domestic law )
The Court, having examined all the materials submitted to it and having regard to its case-law on the subject, considers that the applicants ’ complaints under this head are inadmissible since the length of the proceedings was not excessive or unreasonable (see, Yuryeva and Yuryev v. Ukraine , no. 3431/03, § 43, 31 July 2012). Furthermore, applications nos. 24759/08 and 2657/11 were introduced out of time.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 1, 3 and 4 of the Convention.
C. Remaining complaints
Some applicants also raised other complaints under various articles of the Convention.
The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention .
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the application s inadmissible.
Done in English and notified in writing on 16 February 2017 .
Karen Reid Erik Møse Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
( excessive length of civil proceedings and lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Start of proceedings
End of proceedings
Total length
Level of jurisdiction
24759/08
19/05/2008
(5 applicants)
Household
Inna Volodymyrivna Klymenko
07/11/1976
Andriy Oleksandrovych Klymenko
30/04/2003
Oleksandra Oleksandrivna Klymenko
08/11/1996
Olena Mykolayivna Klymenko
08/12/1950
Olena Vasylivna Nesteruk
13/03/1955
28/03/2001
07/11/2007
6 years, 7 months and 11 days
3 levels of jurisdiction
31383/08
19/06/2008
(2 applicants)
Household
Polina Yevtikhiyevna Sichkar
15/11/1923
Vyacheslav Yevgeniyevich Sichkar
12/08/1955
11/07/2000
17/07/2006
04/06/2009
23/01/2002
15/04/2008
22/10/2009
1 year, 6 months and 13 days
3 levels of jurisdiction
1 year, 8 months and 30 days
3 levels of jurisdiction
4 months and 19 days
3 levels of jurisdiction
2657/11
24/12/2010
Gennadiy Antonovych Simolchuk
01/01/1965
24/11/2003
08/02/2008
4 years, 2 months and 16 days
3 levels of jurisdiction
10811/13
03/02/2013
Timur Oleksandrovych Dzhenyuk
13/03/1974
18/06/2007
25/09/2012
5 years, 3 months and 8 days
3 levels of jurisdiction
76672/13
26/11/2013
Petro Ivanovych Nikolenko
15/03/1949
27/08/2007
05/02/2010
28/09/2007
30/05/2013
1 month and 2 days
3 levels of jurisdiction
3 years, 3 months and 26 days
3 levels of jurisdiction
54187/14
22/07/2014
Sergiy Mykolayovych Zenkovets
16/08/1965
First set of proceedings
26/04/2006
24/04/2007
Second set of proceedings
19/11/2012
02/11/2006
22/12/2009
24/01/2014
6 months and 8 days
3 levels of jurisdiction
2 years, 7 months and 29 days
3 levels of jurisdiction
1 year, 2 months and 6 days
1 level of jurisdiction
1915/15
23/12/2014
Olga Mykolayivna Moskova
06/09/1981
11/12/2008
10/07/2014
5 years and 7 months
3 levels of jurisdiction
51649/15
05/10/2015
Mykhaylo Fedorovych Glynyanskyy
21/11/1944
03/08/2009
03/06/2011
10/11/2010
07/04/2015
1 year, 3 months and 8 days
3 levels of jurisdiction
3 years, 10 months and 5 days
3 levels of jurisdiction